AFTER the Constitutional Court (MK) issued Decisions Number 60 and 70 regarding the nomination of regional heads which were finally accommodated by the General Election Commission (KPU) through KPU Regulation (PKPU) Number 10/2024, the House of Representatives (DPR) is now planning to evaluate the MK. The DPR’s move is considered a counterattack against the MK.
“This really looks like a counterattack,” said the Director of the Center for Constitutional Studies or Pusako, Faculty of Law, Andalas University, Charles Simabura to Indonesian MediaThursday (29/8/2024).
According to Charles, what the Constitutional Court did when issuing decisions 60 and 70 was an integral part of the institution’s work. He also considered that there was nothing wrong with the decision. Moreover, it was also protected by the principle of judicial power.
For him, the DPR’s move to evaluate the Constitutional Court was a direct reaction because the Constitutional Court’s decision, especially number 60, destroyed the plans of the Advanced Indonesia Coalition (KIM) political party which has representatives in Senayan.
Charles emphasized that the presence of the Constitutional Court in Indonesia is to ensure that all regulations and actions made by the lawmakers, namely the DPR and the government, are in accordance with the constitution.
He said that the Constitutional Court’s decision regarding the regional elections was no different from Decision Number 90 of 2023 which paved the way for President Joko Widodo’s eldest son, Gibran Rakabuming Raka, to run as a vice presidential candidate. Therefore, Charles questioned why the DPR’s attitude changed when the Constitutional Court issued a decision that was considered detrimental to political parties.
Also read: DPR Will Evaluate MK’s Position for Not Being Under Its Authority
“This means that yesterday the Constitutional Court stood on public aspirations, while they (the DPR) stood on their political interests, because they have the power, and then want to conduct an evaluation,” explained Charles.
“This will cause another backlash from the public,” he concluded.
The plan to evaluate the Constitutional Court was conveyed by the Chairman of Commission II of the Indonesian House of Representatives, Ahmad Doli Kurnia Tandjung. According to him, the House of Representatives will evaluate the position of the Constitutional Court in the medium and long term because it is considered to be working on many matters that are not within the authority of the Constitutional Court.
Also read: MK Decision Number 60 Makes Political Party Leaders Carry Their Own Cadres
“Because we should indeed evaluate everything about the system, starting from the election system to the state system. In my opinion, the Constitutional Court has too many tasks to do, which are actually not the Constitutional Court’s business,” admitted Doli.
He mentioned one example of the Constitutional Court’s actions related to the regional elections which were considered to have entered technical matters. Thus, his party considered the Constitutional Court to have exceeded its authority.
“The lawmakers are only the Government and the DPR, but it seems as if the Constitutional Court has become the third lawmaker,” he stressed. (Tri/P-3)
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