Sue Gibran, But Forget The Constitution

JAKARTA - In recent weeks, the Indonesian public has been faced with the emergent political dynamics: a group of retired TNI journalists voiced demands that the Vice President, Gibran Rakabuming Raka, be removed from his position.

This claim was submitted through a petition signed by 332 cross-matrix retired officers consisting of 103 army generals, 73 laksana, 65 marketing, and 91 colonels.

In the history of Indonesian politics, the issue of impeachment arose several times, not vice president but president. Only two presidents were actually impeached through formal political processes by the People's Consultative Assembly (MPR):

1. President Soekarno (1967): On March 12, 1967, MPRS revoked President Soekarno's mandate after rejecting his accountability regarding the events of the September 30th Movement in 1965. This process is more political than the juridical, because there was no formal legal mechanism like the Constitutional Court at that time.

2. President Abdurrahman Wahid (Gus Dur) (2001): Gus Dur was impeached by the MPR on July 23, 2001 after a political conflict with the DPR and MPR, as well as allegations of misuse of funds. Even though the allegations were not legally proven, the MPR held a Special Session which resulted in the revocation of its mandate.

In addition to these two cases, there are several discourses on impeachment that do not continue into formal processes, such as against President Megawati Soekarnoputri, Susilo Bambang Yudhoyono, and Joko Widodo. However, these discourses do not meet the requirements and mechanisms set out in the 1945 Constitution.

The issue of impeachment of vice presidents in Indonesia has never officially occurred in the history of Indonesian state administration. However, there was one important event related to the change of vice president's position, namely in 2001 when Megawati Soekarnoputri moved up from vice president to president after the impeachment of President Abdurrahman Wahid (Gus Dur).

During the Special Session of the People's Consultative Assembly (MPR) on July 23, 2001, Gus Dur was dismissed from his position, and Megawati was appointed president. After that, Hamzah Haz was elected vice president replacing Megawati through a vote at the MPR on July 25, 2001.

Aspirations In Democracy Countries

The 7th President Joko Widodo (Jokowi) responded to the petition by stating that in a democratic country, every citizen has the right to express their aspirations. "Yes, it is an aspiration, a proposal. It is okay in a democratic country like ours," said Jokowi.

This petition is the subject of widespread discussion, sparked opinions, pros and cons, and provoked public emotions. But behind the uproar over moral narratives, there are fundamental things that often escape: the constitution does not accommodate such demands.

It is important to understand that political aspirations must go hand in hand with the applicable legal corridors. In this context, the mechanism for dismissing the president and vice president has been clearly regulated in the 1945 Constitution and related laws and regulations.

Constitutional Limits in the Dismissal of Vice Presidents

According to Article 7A of the 1945 Constitution, the president and/or vice president can be dismissed by the People's Consultative Assembly (MPR) at the proposal of the House of Representatives (DPR) if they are proven to have violated the law in the form of treason against the state, corruption, bribery, other serious crimes, or disgraceful acts, and if they are proven to no longer meet the requirements as president and/or vice president.

The process of dismissal must go through a strict stage, including an examination by the Constitutional Court (MK) to assess whether the president and/or vice president actually violate the law as intended. Without evidence of strong violations of the law and a legal process, dismissal cannot be carried out.

One of the reasons underlying the retired petition is the controversy surrounding the Constitutional Court's decision which changed the minimum age requirements for vice president candidates, allowing Gibran, who is under 40 years old, to run for office. This decision drew criticism because he was considered full of conflicts of interest, considering that the Chief Justice of the Constitutional Court at that time, Anwar Usman, was Gibran's uncle. Anwar Usman was then dismissed from his position by the Constitutional Court Honorary Council for being proven to have committed an ethical violation.

However, legally, Gibran has been legally elected as vice president through an election process recognized by the KPU and has passed the verification and ratification stages. There is no legal decision to cancel the election results.

Responding to the retired petition, the Governor of Lemhannas, Ace Hasan Syadzily, stated that Gibran's proposal for impeachment does not need to be studied further because it is not in accordance with the applicable legal mechanism.

Meanwhile, Director of Indonesian Political Parameters, Adi Prayitno, considered that these demands were more political than legal. "This is more of a political pressure, not a legal route," he said.

In a democratic country, every citizen, including retired TNI, has the right to express opinions and criticism of the government. However, it is important to ensure that every aspiration and demand is conveyed and followed up through a legal mechanism that is valid and in accordance with the constitution.

The impeachment of a vice president is not a process that can be carried out solely based on dissatisfaction or differences in political views. Evidence of a strong violation of the law and a fair legal process are needed to make it happen. Thus, political stability and the sustainability of democracy can be well maintained.