Contestation Under The Shadow Of Legal Cases

Illustration Of Images By Ilham Andri Winarko VOI

JAKARTA - The pair of presidential and vice presidential candidates Prabowo Subianto and Gibran Rakabuming Raka strolled through the election stage without a hitch. Its existence in a fat coalition, with 8 parties, makes them more confident. However, there are problems that overshadow the couple's candidacy. Like storing coal in a husk and at any time it can burn. Polemic after the Constitutional Court's decision, has not subsided. Because the public can not simply accept, clear and cassian political elite maneuvers eyes outsmart the law for certain interests. The potential for public resistance still haunts Prabowo-Gibran's partner. Although the 90/PUU-XXI/2023 decision can be implemented immediately, many experts in constitutional law and the wider community are still criticizing and questioning the decision. They suspect that there is a role of the holder of power that mobilizes the constitutional judge to pass the mission. According to Constitutional Law Expert, Feri Ansari, it is almost impossible for Gibran to move on his own, seeing his experience yang baru dua tahun di pemerintahan. Feri yakin hal ini dibicarakan dalam ruang-space keluarga, bagaimana si anak dapat ruang bisa menjadi calon wakil presiden. Sehingga muncul putusan yang tampak sistematis, ujar Feri saat dialog di podcast Abraham Samad, pekan lalu.Feri sendiri memanggap putusan itu ketidak hukum, karena beberapa faktor, antara lain adanya konflik kepentingan yang mendampingi keputusan itu. Meski putusan bersifat erga omnes berlaku untuk semua. Namun faktanya satu-nya satu orang Those who took advantage of the decision were Gibran. So there was a nuance of conflict of interest, referring to Law No. 28/1999 concerning the Implementation of a State that was Clean and Free of Corruption, Collusion and Nepotism explicit article 1 point 5, there was nepotism when state administrators used their authority for the benefit of the family. Not only is the ethical issue being questioned, according to Feri, the decision also has criminal implications. Article 28/1999 nepotism can be punished, and if it is proven that the crime has definitely violated ethics. Who is the organizer who can be convicted according to Feri, is the Chief Justice of the Constitutional Court, Anwar Usman. "UU 28/1999 has not yet been revoked," said Feri.Pslon Prabowo-Gibran's Registration Certificate The Prabowo-Gibran pair registration procedure as a presidential and vice presidential candidate, also still leaves serious legal issues, procedure defects. Procedures that are subject to formal defects. Of course, those who can state that there is a violation are courts, in this case the State Administrative Court (PTUN). The problem potentially sued in the Administrative Court.

A new lawsuit was seen at the Central Jakarta District Court, a lecturer Brian Demas Wicaksono, sued the KPU for alleged unlawful acts for accepting the registration of Prabowo Subianto-Gibran presidential and vice presidential candidates. According to him, the KPU should hold a meeting with the DPR to prepare a PKPU on regulations from the latest Constitutional Court's decision but that was not done, instead received registration for the Prabowo - Gibran candidate pair. The lawsuit was filed by Brian to the Central Jakarta District Court, he sued the KPU to pay compensation of Rp 70.5 trillion.

Responding to the passing of the Prabowo - Gibran pair at the KPU. Feri said, it also left problems, the KPU should have made a PKPU (General Election Commission Regulation) first. This was not done, the KPU only made an announcement to the party. "As there is a privilege for the president's children," he added. According to Feri, this will become a legal issue if the Prabowo - Gibran pair win in the future, people will question that there has been an administrative error and could cause harm in the loss. The dispute in the Constitutional Court in the future. "If the Uncle is still in the Constitutional Court, maybe they will be won, of course it is a different story if the uncle is no longer there," he said. In addition to these obstacles that prevented the Prabowo - Gibran pair, until now the process at the Constitutional Court Honorary Court (MKMK) is still ongoing. A number of complaints about ethical customers have flooded the MKMK. Finally, the reporting of 16 legal experts who are members of the Constitutional and Constitutional Court Administrative Law Society [CALS] reported alleged ethical violations of Chief Justice of the Constitutional Court Anwar Usman. Anwar is suspected of having a conflict of interest in handling Case Number 90/PUU-XXI/2023 because it is closely related to his family relationship. The Constitutional Court's Honorary Assembly, Thursday, October 26, held the first clarification hearing on the alleged violation of the code of ethics of constitutional judges regarding the decision Number 90/PUU-XXI/2023 related to The age requirements for presidential candidates and vice presidential candidates. The MKMK at the inaugural trial examined 10 reporters to be confirmed regarding their complaint reports. Denny Indrayana, one of the applicants for the lawsuit, asked the Honorary Council led by Jimly Asshiddiqie to consider the decision on the ethical complainant could be decided before November 8, because that is the limit given by the General Elections Commission (KPU) for candidate pairs to replace their vice presidential pairs. Responding Denny's petition, Jimly, will coordinate with the Assembly is likely to prioritize the decision on Denny's petition. Denny thinks that the MKKM's decision will have an impact on the cancellation of the decision 90/PUU-XXI/2023 because it is considered a decision to be legally flawed. Consequently, Gibran Rakabuming cannot be appointed by the KPU as a candidate pair for vice president from the presidential candidate Prabowo Subianto, and there needs to be a replacement for the vice presidential candidate. The determination of the MKMK?MK is highlighted by the Feri of an institution formed by a constitutional judge himself and in the past The decision of the Constitutional Court or the Ethics Council at that time, on average, became a shelter from ethical violations alleged by the public, "It is as if what is accused of ethical violations, the Constitutional Court has decided and is not proven." said Feri. In addition, the Constitutional Court judge Wahiduddin Adam, the three of them were questioned interest in conflict interest.

Jimly Asshiddiqie no one doubts his capacity, integrity and ability in state administration but Jimly is considered to have a conflict of interest. He once supported Prabowo's partner and one of his children was also in the couple and had nominated him through the Gerindra Party so that his conflicts of interest were high. Recently Jimly was also complained by the public to the DPD, his original agency. The chairman of DPD RI AA LaNyalla Mahmud Mattalitti confirmed that there was a complaint about Jimly's alleged concurrent position because they received assignments as members of the MKMK. In fact, the MPR Law, DPR and DPD Article 302 prohibit DPD members from concurrently serving as other state officials and judges in the judiciary. Responding to this case, LaNyala admitted that she had held a meeting of the leadership of the DPD, currently they have delegated the handling of her case to the DPD Honorary Board. Meanwhile, Bintan Saragih, she has always been a member of the Constitutional Court Ethics Council and is known to be close to the Constitutional Court, this is considered a conflict of interest. Wahiduddin Adam, the judge of the Constitutional Court and he In the trial of his case, his position would be unfair if he had to face the person on trial. So there is a conflict of interest, how people who have conflicts of interest will try to violate conflicts of interest. Feri said, "For me it is impossible for people to try ethical violations, while those people are questioned for their ethical standards," he said. It is estimated that it will not only interfere with the contestation journey of the Prabowo-Gibran pair, because they take advantage of the Constitutional Court's Decision 90 which can be canceled. This legal case also has the potential to affect Jokowi. Many people have warned Jokowi. They asked Jokowi to be careful in this case.Feri reminded the president that he could be impeached in this case. People suspect that Jokowi will actually form a dynasty and people will not allow Jokowi to perpetuate his power. The public will unite to thwart this dynasty. Currently, the opportunity to implement has fulfilled. If PDIP, Nasdem, PKS and PKB have joined the requirements. 270 people have met 1/3 of the 711 MPR members. You can already propose what happened in the political process because there was a violation of the law. The case can also be withdrawn by the Job Creation Law, the KPK Law, or the president ignores other ethical values. The peak is about making a red carpet for his son through the Constitutional Court. One can be impeached, according to Ferri for 5 reasons, namely corruption, bribery, betrayal to him the state, mis de minor (sacred acts), no longer meets the requirements as president and violations of the law on nepotism. The same thing was also reminded by the Chairman of the Advisory Council of the PPP Party Muhammad Romahurmuziy, according to him this is a very serious violation. If you borrow the opinion of Judge Saldi Isra, one of the judges who dissented opinions, the Constitutional Court is trapping itself in a political vortex. The Constitutional Court should be members, people who have statesmen's souls, but it turns out that they are statesmen disappeared immediately for an interest in dispatching his nephew. "This is a real threat to democracy," he said. That is what is called outsmarting democracy, added Romy, is the process valid to be provided? The process is provided but you must not outsmart yourself. This is what injures people's sense of justice. "We remind Jokowi, because we love Jokowi, whatever it takes to convey. It must be understood, said Rommy, many people have shouted, rejected the verdict. The Constitutional Court. Various memes are also milling about as expressions of disappointment, not a manifestation of buzzers, but really shouted at the public. If Jokowi once said "Ojo grusa grususu, ojo kesusu. They continued the meme with "anaku isp melu," said Rommy, met by VOI at his residence, Friday. (27/10). Don't withdraw the law to the political arena The same excitement was also expressed by the Director of the PolMark Research Center, Eep Saefulloh Fatah, according to him, the president needs to be reminded. As a growing president from the roots of populism, developed by democracy, how people's support can be taken in various ways, whether it's popularity or image or whatever the name is. But in fact, it can be supported, so that it becomes a 2-term mayor, once, the president once, twice. But don't forget that root is porous, because you do it arbitrarily. So that people feel that justice is injured, feel betrayed. So no matter how big a tree is if the roots hurt, it will fall. if that happens happened don't blame other people, because you ignore the roots where you grow up. According to Eep, this is a years of leading dangerously, years of leading with danger, so it's a dangerous step. According to Eep, as a person who has been involved in research and assistance in political activities, he can feel it with his feelings and instincts. "I consider this an unusual situation," he said. The President must be careful, because there are many legal experts, people who already literate the law, and the media are also monitoring, something that is happening today cannot be covered up. They have learned democracy, and how to use the law as an instrument. According to Eep, people could use TAP MPR 11/1998, about organizing a clean and corruption-free country, collusion, nepotism and law 28/1999 on government administrators who are clean from nepotism, because an uncle opens the way for his nephew, and that. confirmed by another judge, his dissenting opinion.