Gibran Rakabuming Raka And Controversial Constitutional Court's Decision

Gibran Rakabuming Raka with his supporters. (Spc)

The parties that are members of the Advanced Indonesia Coalition (KIM) have agreed to nominate Gibran Rakabuming Raka as vice president who will accompany Prabowo Subianto. It is the support that paves the way for Gibran, Mayor of Solo, and President Jokowi's eldest son to play a role in the political constellation leading to the 2024 presidential election.

Gibran was previously assigned as campaigner for the pair Ganjar Pranowo and Mahfud MD by PDIP. Puan Maharani, who represents PDIP, finally admitted that Gibran would take part in the 2024 presidential election constellation.

Consideration of Gibran's role in politics emerged from the controversial decision of the Constitutional Court (MK). Especially related to the decision regarding the age limit for vice presidential candidates (cawapres). A ruling that sparked reactions across the country.

The roots of this debate can be traced to a wise statement once delivered by the fourth President of Indonesia, Abdurrahman Wahid (Gus Dur), who stated that the Constitutional Court's decision was "a way from Allah to restore the dignity of the Constitutional Court." This statement shows that this issue has deep philosophical and moral dimensions, beyond the purely legal aspects.

The General Election Commission (KPU) has sent letters to political parties, discussing the age requirements for presidential and vice presidential candidates. The KPU will also communicate with the People's Representative Council (DPR). In this Constitutional Court decision, the term "dissenting opinion" or different views expressed by several Constitutional Court judges regarding this decision appears. These differences in views create doubts about consistency within the Constitutional Court institution.

The Indonesian Legal Aid Association (PHBI) noted four irregularities in the Constitutional Court's decision, and stated that the lawsuit regarding the age limit for presidential and vice presidential candidates should be rejected. This reflects a significant level of disagreement with the Constitutional Court's decision.

The main impact of the Constitutional Court's decision was felt in the world of politics. The Chairman of the DPD RI, La Nyalla Mattalitti, expressed his concern that the Constitutional Court had been caught up in politics. Some views even say that the Constitutional Court's decision is a "red carpet" for Gibran Rakabuming Raka, President Joko Widodo's eldest son, but it could also damage President Jokowi's image.

The DPR suspects that there will be a Government Regulation in Lieu of Law (Perppu) to follow up on the issue of regional heads who have not reached the age of 40 as presidential or vice preseidential candidates. This further sharpens the tension in this debate and shows the serious implications of the Constitutional Court's decision.

However, there are different views among Constitutional Court judges. A judge, Saldi Isra, who took part in the trial, expressed his concern. According to him, the Constitutional Court could be caught in a political vortex, especially after Anwar Usman, another Constitutional judge, took part in a meeting to discuss the decision on the age limit for presidential and vice presidential candidates. This emphasizes the possibility of political pressure influencing the Constitutional Court's decision.

It was revealed that the student from Surakarta University, Almas, who filed a lawsuit regarding the age limit for vice presidential candidates, was a supporter of Gibran Rakabuming Raka. This shows how politics plays an important role in the legal process at the Constitutional Court.

Finally, Yusril Ihza Mahendra, constitutional law expert and former Minister of Law and Human Rights, strongly criticized the Constitutional Court's decision. The UN General Chair called it a "serious legal flaw". He even plans to convey his criticism to Prabowo Subianto.

The controversy surrounding the Constitutional Court's decision regarding the age limit for vice presidential candidates is a complex debate with various different points of view. This reflects the political and legal dynamics that are currently developing in Indonesia and emphasizes the importance of upholding the principles of justice, consistency and being based on law in making legal decisions. This is an important reminder that the law must remain a strong foundation for running a democratic system.

Now, the ball is in President Jokowi's hands. While attending the commemoration of Santri Day, President Jokowi officially expressed his blessing for Gibran's candidacy as vice president. The question is, what steps will Jokowi take to ensure that Gibran Rakabuming Raka can run smoothly in the 2024 presidential election constellation?