The Constitutional Court Suggests Forms Of Rules To Limit Government Programs That Have The Potential To Profit Election Participants

The atmosphere of the 2024 Election Dispute Session at the Constitutional Court, Jakarta22 April 2024 (Diah Ayu/VOI)

JAKARTA - The panel of judges of the Constitutional Court (MK) suggested that regulators, in this case the government and the DPR, form rules that limit the implementation of government programs that are considered to have the potential to benefit one of the election participants.

This was revealed by the Constitutional Court judge Ridwan Mansyur when reading the decision of the 2024 presidential election dispute trial filed by Anies-Muhaimin.

"Normah hukum sehingga pertu segera dibentuk sebelum pelaksanaan berikut pemilu, termasuk pemilihan kepala daerah," kata Ridwan di ruang sidang MK, Selasa, 22 April.

This suggestion relates to the petitioner's argument stating that President Joko Widodo was involved in winning one of the candidate pairs, namely Prabowo-Gibran in the 2024 presidential election.

Anies-Muhaimin stated that Jokowi politicized social assistance, political problems, and wanted the deployment of state officials to win Prabowo-Gibran.

However, in its decision, the Constitutional Court stated that the petitioner's argument was not legally reasonable. One of the reasons is the lack of strong evidence.

Ridwan then emphasized that the restriction on the rules referred to is in line with the mandate of the 1945 Constitution which provides restrictions so that the freedom to change constitutional rights does not hit, relax, or become a source of amnesty for the fulfillment of other people's constitutional rights.

"Based on this, it is important for the Court to emphasize that the 1945 Constitution limits the fulfillment of human rights, not in the sense that the 1945 Constitution is arbitrary, it is necessary to prevent the emergence of a paradoxical freedom situation, namely the situation when the fulfillment of a person's rights turns out to cause loss of rights to others," he said.