Last week, the Constitutional Court (MK) changed the provisions regarding the minimum age limit for presidential and vice presidential candidates, from a minimum of 40 years, to a minimum of 40 years or having previously/currently held a position elected through general elections, including regional head elections.
The decision was reported by nine parties to the Honorary Court of the Constitutional Court, which then held its first trial openly and was chaired by Jimly Asshiddiqie. The hearing on Thursday (26/10) had an agenda for clarification to the reporting parties.
After hearing explanations from each reporter, Jimly said the trial process would take 30 days. Therefore, he asked MKMK to move quickly in examining these reports.
“This needs to be known. “This is something that has never happened in the history of mankind throughout the world, all judges have been reported to have violated the code of ethics, this is the first time,” stressed Jimly.
The Honorary Court must move quickly, among other things because the General Election Commission (KPU) is scheduled to determine the presidential and vice presidential candidates who will compete in the 2024 presidential election (pilpres), on November 13 2023.
Presidential candidate Prabowo Subianto and vice presidential candidate Gibran Rakabuming arrived at the KPU on Wednesday, October 25 2023 to register as a running mate in the 2024 presidential election. (Photo: Indra Yoga/VOA)
A number of representatives from the nine reporting parties attended the initial hearing, both online and offline. They include the Indonesian Legal Aid Association (PBHI), Perekat Nusantara and the Indonesian Democracy Defense Team (TPDI), Legal Aid Institute (LBH) Ciptakayara Hakim, Furqon Jundi, Denny Indrayana, Johan Imanuel, Nur Rahman and several others.
Meanwhile, the LBH Volunteer Line for the Path of Change, the Association of Activists Monitoring the Results of Reform 98, and the Institute for Monitoring and Supervising State Officials were known to be absent.
Jimly said that the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates created new history because it resulted in all constitutional judges being reported and causing polemics in society.
Experts are worried about MKMK’s performance
MK Chief Anwar Usman appointed three MKMK members on Tuesday (24/10) to handle reports related to the case that changed the requirements for the presidential and vice presidential candidates.
The three people are the most senior Constitutional Justice Wahiduddin Adams, former chief justice of the Constitutional Court Jimly Asshiddiqie who represents elements of community figures, and Bintan R. Saragih, a legal expert at Pelita Harapan University, who represents academics.
The selection of the three was based on Article 27A of Law (UU) Number 7 of 2020 concerning the MK which states that MKMK membership consists of elements of community leaders, academics and active judges. The three of them will investigate alleged violations of the judge’s code of ethics and behavioral guidelines.
Chief Justice of the Constitutional Court (MK), Anwar Usman leads the hearing of the Constitutional Court’s decision regarding the maximum age limit for presidential candidates in Jakarta, 23 October 2023. (Photo: Indra Yoga/VOA)
Constitutional Law Observer at Andalas University, Padang, Feri Amsari, is pessimistic about seeing the MKMK members’ notes. He explained in detail that doubts about Jimly were based on his statement that he supported Prabowo Subianto in the presidential candidate contest. Apart from that, Jimly’s son, Robby Asshiddiqie, is also a Gerindra Party cadre, which raises concerns about a conflict of interest.
Meanwhile, according to Feri, MKMK member Bintan R. Saragih, an academic who once served on the MK Ethics Council, more often makes decisions that tend to defend judges. Meanwhile, it is feared that Wahiduddin Adams, who is a colleague of Chief Constitutional Court Anwar Usman, will not provide an objective assessment.
However, Feri still hopes that MKMK members can work independently. He said that the MKMK’s findings would not have a direct influence on the MK’s decision regarding the age limit for presidential and vice-presidential candidates which was read out last week. However, the public can still submit a case regarding the age limit for presidential and vice-presidential candidates at the Constitutional Court.
“However, the Constitutional Court’s decision is final and binding. “The only way is if the MKMK finds an ethical violation and it is a serious problem, then the MKMK’s decision can be used as a new reason to then reapply for review of article 169 letter q, regarding the age limit requirements,” said Feri.
Previously, Anwar Usman and a number of other constitutional judges were reported on suspicion of violating the code of ethics because they were thought to be paving the way for the Mayor of Surakarta, Gibran Rakabuming Raka, to run as vice presidential candidate in the 2024 presidential election.
Gibran is the son of President Joko Widodo and nephew of Chief Constitutional Court Anwar Usman.
Chief Constitutional Justice Anwar Usman has denied being involved in a conflict of interest in deciding on the material review of the Election Law regarding the minimum age limit for presidential and vice presidential candidates of at least 40 years or having previously/currently held positions elected through general elections, including regional head elections. This decision finally paved the way for Gibran to become Prabowo Subianto’s vice presidential candidate.
Anwar explained that during his 38-year career as a judge, he always held firm trust in the constitution, basic laws, trust in the Al-Quran. (fw/ns)