Suara.com – Recently, the polemic about the Constitutional Court is still causing public concern. This was because of the Constitutional Court’s performance which ultimately made people come out to demonstrate.
In the demonstration, they en masse showed a banner that said to represent their voice. There are also those who mistake the MK as the Family Court.
Not only during demonstrations, there is even the location of the Constitutional Court on the Google Map application. It went viral that the name of the theme was also changed to Family Court.
So this massive protest certainly has a cause. Another main cause, but not least, is the Constitutional Court’s decision regarding the age limit for presidential and vice-presidential candidates.
Constitutional Court Decision
The Constitutional Court allows people under 40 years of age to become presidential or vice presidential candidates if they have served or are currently serving as regional heads through regional elections.
“Judicially, one, granting the applicant’s request in part. Declaring that Article 169 letter q of Law 7/2017 concerning Elections number 182 additional state gazette number 6109 which states that the minimum age of 40 years is contrary to the 1945 Republic of Indonesia Constitution and has no binding legal force as long as it is not interpreted as being aged “at least 40 years old or have/are currently holding positions elected through elections, including regional head elections,” said Chief Justice of the Constitutional Court Anwar Usman, Monday (16/10/2023).
One of the considerations for the Constitutional justices in accepting the request was because many young people were also appointed as leaders.
This decision received a lot of public reaction because it was seen as paving the way for Anwar’s nephew, Gibran Rakabuming Raka, to become vice presidential candidate.
This was proven, after a short time the decision was announced. A few days later, Gibran was officially nominated as vice presidential candidate along with Prabowo Subianto.
Of course, this polemic doesn’t stop there. The Chief Justice of the Constitutional Court, Anwar Usman, was reported regarding alleged ethical violations to the MKMK.
Anwar Usman Removed from Position as Chief Justice of the Constitutional Court
After the report, all MK judges including Anwar Usman were proven to have committed serious ethical violations.
President Jokowi’s brother-in-law is said to have violated the code of ethics and behavioral guidelines for judges regarding the Constitutional Court’s decision number 90/PUU-XXI/2023 concerning the minimum age limit for presidential and vice-presidential candidates.
“The reported judge was proven to have committed a serious violation of the code of ethics and behavior of constitutional judges as stated in the Sapta Karsa Hutama, the principle of partiality, the principle of integrity, the principle of competence and equality, the principle of independence, and the principle of appropriateness and decency,” said MKMK Chairman Jimly Asshiddiqie in the courtroom. MK, Central Newsdelivers.com, Tuesday (7/11/2023).
In this way, Anwar was given sanctions in the form of dismissal from his position as Chief Justice of the Constitutional Court. In its decision, the MKMK ordered Deputy Chief Justice of the Constitutional Court Saldi Isra to lead the election of new leaders within 2 x 24 hours.
“The reported judge has no right to nominate or be nominated as head of the Constitutional Court until the reported judge’s term of office as a constitutional judge ends,” said Jimly.
Apart from that, Anwar must also not be involved in examinations and decision making in cases of election and presidential disputes or disputes.
So how important is the position of the Constitutional Court in this country?
The importance of the Constitutional Court
The Constitutional Court is a state legal institution which has the main authority and duty to protect the constitution. So why is protecting the constitution important?
Referring to the Professor of Constitutional Law at Padjadjaran University, Prof. Susi Dwi Harijanti, MK is very important because he is placed high in the country.
“It is very important for us, especially since we place the basic law (constitution) as The Supreme Law of the Land as the highest legal regulation in our country and make no mistake about the Constitutional Court’s decision because it judges norms so it is a dispute or an Erga Omnes decision, the decision does not only apply to the applicant in that case. But the decision applies to everyone,”
“Therefore, it is very important that the Constitutional Court be an independent judicial institution. It is impartial regardless of anyone’s influence,” he added.
Therefore, as a high state legal institution. The Constitutional Court has the task of ensuring that policy products and government implementation must be in accordance with the country’s constitution.
Like a referee, the Constitutional Court must be fair and impartial.