The Decision On The Age Limit For The Vice Presidential Candidate Is Considered Unconstitutional, Gibran's Candidacy In The 2024 Presidential Election Is Called A Legitimation Def

Security officers passed in front of the Constitutional Court Building, Jakarta. (Photo: Doc. ANTARA)

JAKARTA - Professor of Constitutional Law at Padjadjaran University, Susi Dwi Harjanti reminded that the Constitutional Court's (MK) decision on the 90/PUU-XXI/2023 case was a legitimacy defect after the Honorary Council of the Constitutional Court (MKMK) decided that Anwar Usman was proven to have committed a serious violation and was dismissed as chairman of the Constitutional Court.

"When we talk about candidacy, legitimacy, it can be seen from various perspectives, there are politics, law. In general, people's legitimacy is still seen as legal. The question is that when the 90 case decision is used as a legal basis for candidacy, does it meet certain legal requirements?," said Prof. Susi to reporters, Friday, November 10.

From the beginning, continued Susi, requests for judicial review related to the age limit of the presidential and vice-presidential candidates were problematic. Starting from the procedural law, legal standing, even the applicant does not have a legal standing. This was also agreed by judge Suhartoyo, who is now the Chief Justice of the Constitutional Court. Where the cases that were withdrawn, were re-examined along with the verdict.

"With so many problems faced by the 90 decision, then the decision was questioned, especially with the Constitutional Court's decision that the Chief Justice of the Constitutional Court was dismissed from his position. This further shows whether the 90 decision is a strong legal basis for Gibran's candidacy? "said Prof. Susi.

Meanwhile, Executive Director of the Center for Indonesia Strategic Action (CISA) Herry Mendrofa assessed that the pair of presidential and vice presidential candidates, Prabowo Subianto-Gibran Rakabuming Raka, will open further violations because it begins with the nomination process which is colored by pros and ethical violations.

"I think this candidate has a lot of minuses actually, from an ethical, maneuverable point of view, of course, which can be categorized as an election violation," said Herry, Friday, November 10.

The issue of legitimacy, he continued, is also in the spotlight of the couple. This is because the authority of a leader is based on legitimacy. When legitimacy is questioned, it is feared that the leader will trigger other violations.

"Yes, it is clear that there will be many unconstitutional maneuvers. Ethical violations, the constitution, that's all. It leads to that," he said.

In addition, Herry is also worried about the use of authority to cover up mistakes and lead to further violations. Including the use of state tools. Because it uses the authority. So surely the direction will be further violations. We believe it could have happened because from the start it was marked by a violation," he said.

"This can not all be enforced, because from the nomination alone it has been a violation of ethics. Moreover, only with campaign props," he added.

Herry hopes that law enforcement officials can be neutral in the 2024 General Election. "I am worried that if for example later the direction is an effort to move law enforcement officers, I ask that it does not happen," he concluded.