Judge Saldi Isra: This Is The First Time I Have Experienced A Strange Event, The Constitutional Court Has Changed Its Establishment In Just A Decease

Constitutional Court Judge Saldi Isra/DOK ANTARA

JAKARTA - Constitutional Court (MK) Judge Saldi Isra is really confused. The age decision regarding the age limit for presidential and vice presidential candidates can change in an instant. The Constitutional Court ultimately decided that regional heads could run in the presidential election, not only candidates who were 40 years old, which was originally regulated by the Election Law.

"Since stepping foot as a Constitutional Justice in this Court building on April 11, 2017, or about six and a half years ago, this is the first time I have experienced an 'extraordinary''strange' event and can be said to be far from reasonable reasoning limits: The Court has changed its stance and attitude only in a secular manner," said Saldi Isra in the courtroom of the Constitutional Court building reading a dissenting opinion on Monday, October 16.

Four Constitutional Court (MK) judges revealed dissenting opinions or different opinions in the results of the presidential-cawapres age limit decisions in cases numbered 90/PUU-XXI/2023 submitted by a Surakarta student named Almas Tsaibirru Re A.

In this case, the Constitutional Court partially granted a lawsuit regarding the age limit for presidential and vice-presidential candidates aged at least 40 years or experienced as regional heads, both at the provincial and district/city levels.

In other words, regional heads under the age of 40 can now become presidential and vice-presidential candidates. One of the Constitutional Court judges who expressed his dissenting opinion, Saldi Isra admitted that he was confused by the decision.

"Regarding the new meaning of the norm of Article 169 letter q of Law 7/2017, I am confused and really confused about where to start this dissenting opinion," said Saldi Isra.

Saldi Isra emphasized that this decision was inconsistent with a number of previous decisions rejected by the Constitutional Court this afternoon. Among them are case number 29/PUU-XXI/2023 submitted by PSI by asking for the minimum age limit for presidential and vice-presidential candidates to be reduced to 35 years.

Then case number 51/PUU-XXI/2023 proposed by the Garuda Party which asks for additional experience alternatives as state administrators as a condition in addition to the minimum age of 40 years. Then, case number 55/PUU-XXI/2023, proposed by the Mayor of Bukittinggi Erman Safar et al with the same petitum as Garuda.

Apart from Saldi Isra, Constitutional Justices who have dissenting opinions are Wahiduddin Adams, Arief Hidayat, and Suhartoyo.

Then, the five judges who agreed that the case would be granted were Anwar Usman, Manahan Sitompul, Enny Nurbaningsih, Daniel Yusmic, and Guntur Hamzah. Of the five, two judges at the Constitutional Court presented different reasons or concurring opinions.