The DPR Must Obey The Constitutional Court's Decision For The Stability Of The Law-Democracy, Not Even Maneuvering

DPR Balag dalam pembahasan revisi UU Pilkada/ANTARA

JAKARTA - Constitutional Law expert at Atma Jaya University Yogyakarta (UAJY) Benediktus Hestu Cipto Handoyo asked the DPR Legislation Body to respect the decision of the Constitutional Court (MK) regarding the age requirements for regional head candidates, and continue to use the requirements of political parties in carrying out candidates in order to maintain legal stability and democracy in Indonesia.

"The appeal of the Constitutional Court's decision by Baleg not only violates the basic principles of constitutional law but also has the potential to cause a serious constitutional crisis," Hestu said as quoted by ANTARA, Wednesday, August 21.

He explained, in the context of constitutional law, the Constitutional Court's decision has final and binding legal force. This is regulated firmly in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

This provision is not an open legal policy (open law policy). This provision is lex scripta and lex stricta clear and certainly no longer need to be interpreted by legislators.

Therefore, all parties, including legislative institutions such as the Legislation Body (Baleg) of the DPR, must respect and carry out the Constitutional Court's decision.

Meanwhile, when Baleg ignores the Constitutional Court's decision, some consequences can arise. First, violations of the principle of a state law are considered a serious violation of the principles of a state of law.

Baleg as a legislative body must comply with the law, including the Constitutional Court's decision which has been passed.

"If Baleg ignores this decision, then the legitimacy of state law can be questioned," he said.

Second, legal uncertainty due to the neglect of the Constitutional Court's decision. This will ultimately make citizens no longer believe that the law will be enforced fairly and consistently.

"This could undermine public confidence in the legal system and constitution," said Hestu.

Third, conflict between state institutions. The Constitutional Court can give a warning or a warning to Baleg which if not heeded can trigger a constitutional crisis.

"In extreme situations, this conflict could lead to a deadlock in the legislature and executives," he added.

Fourth, politically, the waiver of the Constitutional Court's decision by Baleg can be considered as an unconstitutional act that can erode public trust in the regime.

The political party that dominates Baleg can get negative reactions from the public, which could have an impact on the legitimacy of the political party concerned.

Fifth, further potential improvement or lawsuit. In the worst case scenario, this act of neglect can be used as the basis for filing a lawsuit or even an impact on legislative members involved if serious constitutional violations are found.

Previously, on Tuesday (20/8), the Constitutional Court decided two crucial decisions related to the stages of nomination of regional heads, namely Decision Number 60/PUU/XXII/2024 and 70/PUU-XXII/2024.

Decision Number 60/PUU/XXII/2024 changes the threshold for nominating political parties or coalitions of political parties to nominate pairs of candidates for regional heads and candidates for deputy regional heads.

Decision Number 70/PUU-XXII/2024 confirms that the minimum age limit for regional head candidates is calculated since the appointment of candidate pairs by the General Elections Commission (KPU). The decision invalidated the previous Supreme Court decision interpretation which stated that the age limit was calculated since the elected candidate pair was sworn in.