TEACHER, Professor of Legal Anthropology, University of Indonesia (UI), Professor Sulistyowati Irianto, stated that tomorrow’s decision by the Constitutional Court (MK) will be an important turning point for Indonesia’s sustainability as a rule of law state.
“So in this case the Constitutional Court judges have enormous authority to make this breakthrough, especially to restore the situation damaged by the Constitutional Court’s decision 90,” he explained when reading the recommendations of the People’s Opinion Session to media crew via zoom meeting, Sunday (21/4).
Meanwhile, the Constitutional Court’s decision on the lawsuit regarding the 2024 Presidential and Vice Presidential Election Results submitted by Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD will be read out on Monday (22/4). The reading of the decision in the plenary court room of the Constitutional Court (MK) is scheduled to start at 09.00 WIB.
He explained that in concept, the Constitutional Court is expected to carry out analysis and consideration of decisions that go beyond doctrinal analysis. As for the guidance, Sulis explained that it might be through articles related to elections that had been violated.
“Everything that does not comply with that can be annulled and derogated by the judge,” he explained.
Furthermore, in this case the Constitutional Court judge is also tasked with confirming the trial material and the testimony of witnesses and experts to the articles related to that.
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“We hope that we will come out with results that truly reflect independence and also what is important is that there will be new breakthroughs in the decisions and provide justice and fulfill what is desired by the constitution which accommodates the voice of true truth and justice,” he stressed.
For information, for information, apart from the name of Prof. Sulis, the People’s Opinion Assembly of the Jakarta – Jogjakarta Axis also has other opinions from parties who have expertise in their fields, such as, Prof. Ramlan Surbakti, Prof. R. Siti Zuhro, Dr. Sukidi, Dr. Busyro Muqoddas, Prof. Zainal Arifin Mochtar, Bambang Eka Cahya Widodo, SIP, MSi., and Prof. Fathul Wahid.
Furthermore, the People’s Opinion Session delivered the following conclusions and recommendations:
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1. Declare that all efforts to change the law when the election stage has entered the election are prohibited and cannot be justified.
a. Any form of sudden rule change during the election period contains a conflict of interest and weakens the integrity of the election.
b. This prohibition is needed so that this method is not repeated in subsequent elections, thus damaging the foundations of democracy and election integrity.
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2. Declare that the President violated the constitution through abuse of power by interfering in the process before, during and following the election.
a. Binding the president to one rule that can limit the methods of manipulation of election law, voter awareness, vote counting, and election manipulation that utilizes resources such as public budgets and state institutions such as the police to influence voters.
b. Prevent the instrumentalization of TNI/Polri and ASN institutions in elections to influence voters regarding their choices through all forms of persuasion, material and non-material transactions.
c. Prevent presidential interference in lobbying, election campaigns, or aligning government programs with candidate programs.
3. Declare that the 2024 election is an unfair election due to the nepotistic political practices of the President of the Republic of Indonesia. Therefore:
a. Revoking MKRI Decision No. 90 of 2023 which changes the requirements for candidates for President and Vice President to be under 40 years old, but have experience as state officials elected through elections (members of the DPR, members of the DPD, members of the DPRD, Governors, Regents and Mayors)
b. This revocation will allow the MKRI institution to have a firm position that does not support any opportunities for the practice of political dynasties and KKN.
4. Remind the Constitutional Court to decide the results of the 2024 Presidential Election by upholding the 1945 Constitution, the Supremacy of Law, and the 8 parameters for assessing the 2024 election through democratic election law.
5. The MKRI must consider that all decisions regarding the 2024 election dispute will have an impact on the future of national and state life, for the reasons:
a. Creating a collective and historical reference that there was once a starting point for the normalization of KKN and bad political ethics.
b. It will become a new space for the political interpretation of nationalism in the future, namely if the MKRI dares to take a decision in favor of the supremacy of political ethics so that in the history of this new chapter Indonesia will dare to act firmly once morest political cronies.
c. Abandoning Golden Indonesia 2045 due to the snowball effect of the loss of political integrity and the rule of law.
6. The need for new regulations to strengthen the existence of integrity for the next elections.
a. This rule binds related individuals or institutions to act according to the principle of integrity. This includes, for example, raising standards or quality requirements whether regarding individual competency and track record or regarding the administration of elections. (Z-10)
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