The Islamic Students Association (HMI) once again demonstrated its strategic role in guarding Indonesian democracy through a large-scale demonstration that took place in front of the General Election Commission of the Republic of Indonesia (KPU RI) building.
The action, which they call “Constitutional Jihad Volume II”, aims to urge the KPU to immediately implement the Constitutional Court (MK) decision in full and without compromise.
This action was led by Abdul Hakim El, Head of the PTKP Division of PB HMI and Yusuf Sugiarto as the field coordinator. They started the action from the PB HMI Secretariat at 13:00 WIB and moved towards the KPU RI Building.
The protesters who moved from the PB HMI Secretariat voiced their aspirations with enthusiasm and order, demanding that the KPU carry out its functions according to the constitutional mandate without bowing to political pressure.
Field coordinator Yusuf Sugiarto said that the KPU has a big responsibility to ensure that every legal decision taken by the Constitutional Court must be implemented in full.
“This action is a form of our deep concern about the current political situation, where Constitutional Court decisions are often ignored or implemented half-heartedly,” he added.
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Basically, this action was motivated by HMI’s concerns over the non-compliance of state institutions with the Constitutional Court’s decision which is final and binding. Since the establishment of the Constitutional Court, the decisions it issues should be absolute guidelines in the implementation of various regulations, including those governing the requirements for regional head nominations. Constitutional Court Decision No. 60/PUU-XXII/2024 and Constitutional Court Decision No. 70/PUU-XXII/2024 are specifically in the spotlight, because they are considered a step forward in strengthening electoral democracy in Indonesia.
However, the controversial steps taken by the Indonesian House of Representatives and the Government in the revision of the Regional Election Law on August 21, 2024, which was considered to have set aside and emasculated the Constitutional Court’s decision, sparked concerns about “constitutional disobedience.” HMI sees this as a systematic effort to weaken democracy and strengthen the dominance of certain powers in the 2024 Simultaneous Regional Elections, especially in strategic areas such as Jakarta, West Java, and Central Java.
After intensive discussions during the action, HMI managed to reach several important agreements with the Indonesian General Election Commission (KPU) represented by M. Aripudin. This memorandum of understanding includes several crucial points, including the Indonesian General Election Commission agreeing to revise the age limit requirements for regional head candidates in KPU Regulation Number 8 of 2024 in accordance with the Constitutional Court Decision No. 70/PUU-XXII/2024. This is considered an important step to ensure that KPU regulations are in line with the highest legal decisions issued by the Constitutional Court.
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Second, the KPU RI is committed to supervising and ensuring that all regional KPUs consistently implement the requirements stipulated in the Constitutional Court’s decision. This includes adjusting the nomination requirements that must be integrated into each stage of the Pilkada.
Third, HMI emphasized that they will continue to monitor this process and are ready to return to the streets if the KPU RI or the government tries to ignore or violate this agreement. HMI emphasized that the supremacy of law is the main pillar that must be upheld in order to maintain democracy in Indonesia.
In a press release issued by HMI, they not only criticized the KPU RI but also strongly criticized the steps of the DPR RI and the government which were considered “reckless” in revising the Pilkada Law without considering the Constitutional Court’s decision. HMI considered that this action was a real form of “constitutional disobedience” or defiance of the constitution, which if left unchecked, could damage the democratic and legal order in Indonesia.
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HMI calls on the entire community to continue to monitor the revision process of the Pilkada Law so that it remains in line with the Constitutional Court’s decision and is not tainted by the political interests of certain groups. They also ask that law enforcement officers act humanely and not take repressive actions against the masses who voice their constitutional rights.
The “Constitutional Jihad Volume II” action is not just a student protest, but an important reminder for all elements of the nation that the supremacy of law must be the main guideline in every public policy. HMI’s determination in guarding the Constitutional Court’s decision shows their commitment to maintaining the integrity of democracy in Indonesia.
The agreement reached with the KPU RI is expected to be a good start to strengthen the implementation of democracy in Indonesia. However, the challenges ahead remain large, especially in ensuring that this agreement is truly implemented in every stage of the upcoming election. (Z-8)
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