Day: August 25, 2024

Mahkamah Kontroversi (2) : The Controversies

The Constitutional Court’s decision back in 2023 to allow anyone under 40 years of age to run as a presidential or vice presidential candidate as long as they have served or are currently serving in a position elected by the public has caused prolonged debate and even political division, but we have noted that the Constitutional Court has long been considered a political tool. Despite all the debate, the Court’s decision is final and binding on all parties, meaning that other related parties must develop or revise the implementing regulations that follow the Constitutional Court’s decision. However, if it can be made more complicated, why make it easier, right?

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Mahkamah Kontroversi (1) : Questioning the Constitutional Court

The past year has been a rollercoaster ride for the people of Indonesia. It all started when the Constitutional Court, under the leadership of Chief Justice Anwar Usman, participated in paving the way for the nomination of Gibran Rakabuming Raka as a vice presidential candidate. Many parties called for the decision to be overturned, but we know for sure that all parties need the same help. Now, the situation has reversed. The Constitutional Court under the leadership of Chief Justice Suhartoyo partially granted another Judicial Review application. Interestingly, this decision is ultra petita. The Constitutional Court also decided on something that was not requested and changed the threshold for nominating regional leaders candidates for the upcoming 2024 simultaneous Regional Elections. Parties who previously asked for the Constitutional Court’s decision to be overturned are now urging that the decision be implemented. But this is not the whole story.

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