Supreme Court Decision Shows There Is A Legal Gap In Indonesia For Personal Interest

Photo caption: Supreme Court Decision No. 23 P/HUM/2024.(screenshot of courtagung.go.id)

JAKARTA The Executive Director of the KOPI Kedai Survey Institute, Hendri Satrio, considers it reasonable to make accusations of Supreme Court Decision (MA) Number 23 P/HUM/2024 regarding the revocation of the age limit for regional head candidates (cakada) to accommodate Kaesang Pangarep running in the 2024 Pilkada.

According to him, this assumption was not new during the reign of President Joko Widodo. This is because previously there was also a decision by the Constitutional Court (MK) regarding the minimum age limit for presidential and vice presidential candidates, which eventually became a gap between the progress of Gibran Rakabuming Raka in the 2024 presidential election.

"It could be for Kaesang. Currently, law enforcement activists in Indonesia understand that there are still many loopholes in Indonesian law to be used for personal gain. Now Pak Jokowi teaches that, there are still many gaps," explained Hensat, Hendri Satrio's nickname, Sunday, June 2, 2024.

UGM HTN expert, Yance Arizona stated that judicial institutions should limit themselves to being involved in the electoral political process. He revealed that reflecting on the United States, judicial institutions in Indonesia should also avoid being involved in the regulatory testing process that will change election or regional elections.

This is what is known as The Pursuell Principle. If you have to make changes to the election/pilkada rules, the decision must be applied for the next implementation, not when the process or electoral stages are ongoing," he said.

Yance gave an example of the decision of the Constitutional Court (MK) regarding the abolition of the parliamentary threshold of four percent. Although the decision was issued in 2024, its application was enforced in the upcoming 2029 elections.

"In this case, the Constitutional Court's decision regarding the abolition or reduction of the parliamentary threshold is appropriate because it is not enforced against the 2024 General Election, but the 2029 General Election," he said.

As is known, the Supreme Court granted the request for judicial review rights (HUM) submitted by the General Chairperson of the Indonesian Revised Guard (Garuda) Ahmad Ridha Sabana. The judicial review of the General Election Commission (PKPU) Regulation concerns the minimum age limit for candidates for governor and deputy governor.