JAKARTA- An investigation into the main fairness of Indonesia’s Constitutional Court has been launched into his failure to withdraw from office in a new decision that made it possible for his nephew and the son of President Joko Widodok to work as vice presidential candidates in the upcoming presidential election in February.
Chief Justice Anwar Usman and other justices, who ruled that elected officials can run for president and vice president regardless of age, have been the subject of complaints from a number of civil society organizations, including the Indonesian Legal Aid and Human Rights Association( PBHI ).
Days after the ruling, Prabowo Subianto, a presidential candidate and defense minister, chose Widodok’s eldest son, 36-year-old Solo town mayor Gibran Rakaburning, as his running mate in what is likely to be an intense race against Ganjar Pranowo, the leader of the Indonesian Democratic Party, for the Struggle ( PDI-P ) candidate.
Even members of Prabowo’s personal three-party alliance are uneasy about the way Gibran was forced into the role in what critics allege is an effort to secure a Widoo kingdom before his two-term presidency expires in October of next year.
Since beginning his political career, PDI – P head Megawati Sukarnoputri has resisted expelling Gibran from the ruling group to which he belonged. This is ostensibly to prevent an earlier fight with Widoo and to prevent gaining pity for his son.
However, the majority of researchers think that as the nation approaches election day and pressure mounts on Widodok to abandon his efforts to uphold disinterest, open conflict between the two political heavyweights is unavoidable.
In the Valentine’s Day election the following year, which also features opposition candidate Anies Baswedan, who is still polling in third place, Prabowo sees the very famous president of the United States’ support as crucial to defeating Pranowo. & nbsp,
Usman did withdraw in one complaint, in which the judge rejected requests to lower the age of political and vice presidential candidates from 40 to 36. However, he later joined the majority of magistrates in a contradictory voting that removed the age restriction from elected officials.
Legal experts were perplexed by the highest court in the nation’s appearance, which described the electoral law change as ridiculous, unrealistic, and only advantageous to Gibran.
According to Political Coordinating Minister Mahfud MD, Pranowo’s vice presidential candidate and former Constitutional Court key justice himself,” a judge does not handle a situation that involves their personal interests ,” as well as those of their family members, friends, or political friends.
Mahfud asserted that the Constitutional Court’s primary responsibility was to repeal laws and regulations that are in conflict with the national contract, not to enact new laws, a rule the current bench upheld by refusing to reduce the candidacy age.
Following a bribery scandal that resulted in the release of brother jurist Patrialis Akbar and severely damaged the reputation of an institution that had previously performed with comparative distinction, Usman, 66, was elected to his present position in 2018.
He and two other justices are appointed by the political branch, with three being chosen at the president’s discretion and the Supreme Court at its discretion. Presidential approval is eventually needed for all of the appointments.
Three decades after her first husband’s stroke-related death in May 2022, the Bima, a native of West Nusa Tenggara, wed Idayati, Widodok, as her sister-in-law. At the time, Mahfud felt compelled to clarify:” The chief court’s plan to get married contains neither a legal nor an honest violation.”
The Constitutional Court has today established a three-person respect committee to oversee the work of the nine judges in an effort to increase public trust. Legal sources, however, assert that it will only be able to censure the magistrates on moral grounds and no overturn court rulings.
Former attorney general Marzuki Darusman told Asia Times,” The assumption is that they will just receive a light tap on the forearm.” It won’t be a preventative figure, I assure you.
The new council is made up of top democratic determine Wahiduddin Adams, Bintan Saragih, a former member of the court’s morality committee, and the well-known Jimly Asshiddiqie, who presided over the first Constitutional Court between 2003 and 2008.
However, it will need to demonstrate itself to a dubious constitutional community that is obviously unsure of its capacity to effectively address public concerns about the judge’s actions.
The court will play a vital role in resolving any disputes resulting from the upcoming presidential and parliamentary elections, which are likely to be more contentious than common, in addition to addressing legal issues.
Because Asshiddique actively supports Prabowo’s political campaign and notes that he and the defence minister have been friends since they were younger, reviewers are troubled by this.
After his visit, Asshiddique told newsmen,” I’m not a group member and I haven’t been one in the past.” However, I have backed Prabowo for the presidency.
He does have a close relationship with Prabowo’s Great Indonesia Movement Party( Gerindra ) through his son, Robby Asshiddiqie, who serves as the party deputy secretary general, according to those concerned about potential conflicts of interest.
According to Yansen Dinata, executive director of the Public Virtue Research Institute( PVRI ), it is difficult to hope for a fair decision if there is political disagreement among election participants given the Constitutional Court’s current state and the makeup of its honor council.