REPUBLIKA.CO.ID, by Eva Rianti, Rizky Suryarandika, Fauziah Mursid

The ruling of the Constitutional Court (MK) on Monday (16/10/2023) granting a substantive test of Article 169 letter q of the Election Law regarding the minimum age limit for presidential candidates (capres) and vice presidential candidates (cawapres) was colored by dissent from the judges of the Court. The case that the Court granted was brought by a student named Almas Tsaqibbirru Re A.

Two judges of the Court expressed a different opinion or reason, namely Enny Nurbaningsih and Daniel Yusmic. Then there are four different opinions or dissenting opinions of Wahiduddin Adams, Saldi Isra, Arief Hidayat, Suhartoyo.

Judge Saldi Isra of the Court of Justice expressed his opinion on some of the appeal rulings regarding the age limits of presidential candidates on Monday (16/10/2023) that seemed strange. Saldi admitted himself puzzled as the Court's ruling was judged capricious in the near future.

“With regard to the new application of the norm of Article 169 letter q of Law 7/2017, I am puzzled and completely confused to determine where to start this dissenting opinion,” Saldi said in the reading of the different opinion in the Court's courtroom on Monday (16/10/2023).

The confusion Saldi referred to was the beginning of the Court's ruling rejecting PSI's petition asking that the age limit for vice presidents be lowered from 40 years to 35 years. However, after the ruling, the Court decided to accept in part the application of Almas Tsaqibbiru Re A, a UNS student who applied for a minimum of 40 years or experienced to be the head of the county.

“Because, since I set foot as a Constitutional Judge in this Court building on April 11, 2017, or about six and a half years ago, only this time I have experienced an extraordinary strange event and it can be said to be far from the limits of reasonable reasoning: the Court changed its constitution and attitude only in a few ways,” Saldi said.

Saldi explained that, in Constitutional Court Decision No. 29-51-55/PUU- XXI/2023), the Court explicitly, straightforwardly, and unequivocally stated that the age limit in the norm of Article 169 letter q of Law 7/2017 is the law-making authority to amend it. With this ruling, whether consciously or not, the lawsuit filed by PSI, Garuda Party, East Java Wagub Emil Dardak et al closes the space for any other actions besides those carried out by law makers.

“Has the Court ever changed its stance? It has ever, but never happened this fast, where change happens in a matter of days. Such changes not only override previous rulings, but are based on very strong argumentation after getting important facts changed in the midst of society. The question is, what important fact has changed in the society so that the Court changed its stance from Constitutional Court Decision No. 29-51-55/PUU-XXI/2023 by refusing so that it changed to amar grant in a quo ruling? ,” he explained.

Saldi explained that in total there are dozens of applications to test the minimum age limit of presidential and vice presidential candidates in the norms of Article 169 letter q of Law 17 of 2017 on General Elections. First wave 29-51-55/PUU-XXI/2023.

Saldi continued, during the judges' deliberative meeting to rule on the first wave of cases on September 19, 2023, the Chief Justice of the Court Anwar Usman did not participate in deciding the case. At that time, there were eight judges deciding cases in which two judges expressed dissenting opinions.

“The result six constitutional judges agreed to reject and position Article 169 letter q of Law 7 of 2017 as a law-forming open legal policy,” Saldi said.

Furthermore, in the second wave cases, namely cases 90/PUU-XXI/2023 and 91/PUU-XXI/2023, Court Chairman Anwar Usman, who is known to be President Jokowi's brother-in-law, ruled in the case. According to Saldi, the presence of Anwar Usman not only increased the number of litigating judges but also changed the position of the judges who in the first wave refused to grant part of the petition.

“Some constitutional judges in Court rulings No. 29/PUU-XXI/2023, 51/PUU-XXI/2023, and 55/PUU-XXI/2023, who were in the position of Article 169 letter q as a law-forming open legal policy, then moved forward and took the final position by 'granting part' case number 90/PUU-XXI/2023,” Saldi said.

The conflict of interest in the ruling was also highlighted because it benefitted Jokowi's son, Gibran Rakabuming who is currently the mayor of Solo. With the ruling, Gibran is eligible to praticipate in the next presidential election. Gibran is currently a strong contender to become vice presidential candidate for the presidential candidate Prabowo Subianto.  

President Joko Widodo (Jokowi) has given his response to the narrative of a political dynasty if he allowed his eldest son Gibran Rakabuming to become the future vice presidential candidate for Prabowo. Jokowi also gave that assessment to the community. “Let the people have their saying,” Jokowi said after attending the harvest festival in Indramayu Regency, West Java, on Friday (13/10/2023).

When asked if Gibran had consulted with him about backing forward as vice president, Jokowi denied it. He claimed that he had never communicated with Gibran and had not met for a long time. “We haven't seen each other for a few months,” said the former governor of Jakarta.

Earlier, the Chairman of the Star and Crescent Party (PBB) Yusril Ihza Mahendra, one of the party within the Prabowo's coalition, said that he did not agree with the involvement of President Jokowiin determining the candidate for the 2024 presidential election. “In my opinion, there really is no need for such things (consultations to the president). So, politics should not seem to give rise to a dynasty and there should be no restutions (presidents) like that,” Yusril said when he met the media crew in Senopati area, Kebayoran Baru, South Jakarta, Thursday (12/10/2023).

What is needed is precisely the candidate's commitment to continue the program that has gone well during Jokowi's administration. He also stressed that in order to ensure the sustainability of the program/development, the president did not need to have his own child as a surrogate. “Continuity must exist. But, continuity is not in the sense of people or descendants,” Yusril said.

Political observer Ray Rangkuti says the rejection of dynastic politics among Indonesians is growing. Especially because of the various events and polemics that have arisen in recent times related to Joko Widodo. Ray, who is also executive director of Madani Circle, said the signs began to be seen since President Jokowi's youngest son, Kaesang Pangarep, became the chairman of the Indonesia's Solidarity Party (PSI) on his second day as a member of the party. PSI is a staunch supporter of Jokowi.

“This (political dinasty) already exists at the national level. If it is at the municipal or provincial level, it may be okay, but if you have served at the level of president or vice president, once this practice passes and happens, it means that we repeal the word political dynasty in Indonesia,” Ray Rangkuti explained during a public discussion in Jakarta, Sunday (15/10/2023).

He then reminded about the sensitivity of Indonesians regarding nepotism, as happened during the time of President Suharto. The second president of the Republic of Indonesia was even impeached because it was triggered by the appointment of his own daughter as minister of social affairs at the time.

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