CHAIRMAN of Commission II of the Indonesian House of Representatives, Ahmad Doli Kurnia Tandjung, said that his institution will evaluate the position of the Constitutional Court (MK) in the medium and long term because it is considered to be carrying out many matters that are not within its authority.
“Later we will evaluate the position of the Constitutional Court because indeed we should evaluate everything about the system, starting from the election system to the state system. In my opinion, the Constitutional Court has too many things to do, which are actually not the Constitutional Court’s business,” Doli was quoted as saying. Between, Thursday (29/8).
According to Doli, one example is the regional elections. He said that the Constitutional Court should review Law Number 10 of 2016 concerning Regional Elections which is contrary to the 1945 Constitution, but in the end the Constitutional Court also got involved in technical matters, so it was considered to have exceeded its authority.
“In addition, many decisions take away the authority of the DPR as the law maker. The law makers are only the Government and the DPR, but it is as if the Constitutional Court has become the third law maker,” he said.
Therefore, he said that the DPR would change the hierarchy of the order of laws and regulations because the Constitutional Court’s decision is final and binding.
“As a result, the Constitutional Court’s decision gave rise to new political and legal efforts that had to be adopted by technical regulations, as was the case with yesterday’s decision. However, when the DPR wanted to put the right thing in accordance with the law, student demonstrations and suspicions emerged,” he said.
Also read: Commission II of the Indonesian House of Representatives Approves Revision of 2024 PKPU, Mardani Ali Sera: Regional Elections Will Be More Democratic and Transparent
He added, “Therefore, we need to improve all systems, including elections, institutions and the state.”
Previously, on Tuesday (20/8), the Constitutional Court changed the threshold for nominating regional heads and deputy regional heads through Decision Number 60/PUU-XXII/2024. The Constitutional Court annulled Article 40 paragraph (3) of the Regional Election Law and declared Article 40 paragraph (1) of the Regional Election Law conditionally unconstitutional.
Through the ruling, the Constitutional Court stated that political parties that do not get seats in the DPRD can nominate candidate pairs for regional heads and deputy heads. The calculation of the requirements for proposing candidate pairs is only based on the results of the valid vote acquisition of political parties or a combination of political parties in the elections in the relevant region ranging from 6.5 to 10 percent.
Furthermore, through Decision Number 70/PUU-XXII/2024, the Constitutional Court emphasized that the calculation of the age requirements for regional head candidates, in Article 7 paragraph (2) letter e of the Regional Election Law, must be calculated from the determination of the candidate pair. (Ant/P-5)
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