What Is The Dissenting Opinion Presented By 4 Constitutional Justices In The Session Of The Presidential-Cawapres Age Limit Lawsuit?

Illustration of the Constitutional Court. (Photo: Doc. Antara)

YOGYAKARTA The four constitutional judges, namely Saldi Isra, Arief Hidayat, Suhartoyo, and Wahiduddin Adams, have different opinions or dissenting opinions on the presidential and vice presidential candidate age lawsuit filed by Almas Tsaqibbiru Re A with case number 90/PUU-XXI/2023. The four considered that the Constitutional Court (MK) should reject the request.

Deputy Chief Justice of the Constitutional Court, Saldi Isra, even called the decision of the case an extraordinary strange event.

"Since stepping foot as a Constitutional Justice 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 the reasonable limits of reasoning: The Court has changed its stance and attitude only in a secular manner," said Saldi in the Court Building courtroom, Monday, October 16, quoted by VOI.

So, what is a dissenting opinion? Check out the full information below.

Adapted from the Glossary of the Supreme Court, Tuesday, October 17, 2023, dissenting opinion is an opinion or decision written by a judge or more who does not agree with the opinion of the majority of the panel of judges in a case. Dissenting opinion generally occurs when there is more than one judge hearing a case.

Meanwhile, according to Hagga Prajatama in a scientific article entitled Dissenting Opinion Position as an Effort for Freedom of Judges to Seek Justice in Indonesia, dissenting opinion is defined as a difference of opinion between a judge (minority) and another judge or a court decision.

From the two definitions above, it can be concluded that the dissenting opinion is a difference of opinion or opinion made by one or more members of the panel of judges who do not agree (disagree) with a decision taken by the majority of members of the panel of judges.

Dissenting opinion is usually found in countries with a common law tradition. However, a number of countries that adhere to continental law traditions have allowed dissenting opinions by judges, especially in higher courts.

In the court system in Indonesia, the dissenting opinion was originally introduced in a commercial court. However, currently the dissenting opinion has been allowed in other courts.

The juridical dissenting opinion is contained in Law Number 4 of 1998 concerning Bankruptcy.

In addition, Law Number 5 of 2004 in conjunction with Law Number 48 of 2009 concerning Judicial Power, Article 19 Paragraph (4) and paragraph (5), also regulates dissenting opinions.

The law states that every judge must submit written considerations or opinions on the case being examined and become an inseparable part of the decision. Even though there is a dissenting opinion from several judges, that opinion is still included in the verdict.

In an article entitled The Role of Dissenting Opion Constitutional Justices in the Renewal of National Law, a case that has different opinions or dissenting opinions written in the decision has a function that even though a case has been decided by the votes of the majority of judges, it does not necessarily mean that the decision is absolute. This makes the dissenting opinion have a foundation for future decisions.

That's what information about what a dissenting opinion is. Get news updates of other options only on VOI.ID.