MATRANEWS.ID – General Chairman of the Crescent Star Party (PBB), Yusril Ihza Mahendra, responded to PSI’s lawsuit regarding the minimum age for presidential and vice presidential candidates of 35 years which was rejected by the Constitutional Court (MK).
Yusril stated that the MK’s decision refuted accusations that the MK was a ‘Family Court’ which sided with the president’s family.
“The allegation that Anwar, Jokowi, Gibran, even Kaesang, who recently became Chairman of PSI, as Petitioners would make the Constitutional Court a ‘Family Court’ is apparently not proven,” said Yusril in his statement on Monday (16/10/2023).
Yusril emphasized that this decision shows the MK as an independent institution.
This view was also acknowledged by the Chief Justice of the Constitutional Court, Anwar Usman, who agreed with the majority of the other judges.
“With this decision, the Constitutional Court is able to maintain itself as the guardian of the constitution who is not easily influenced by anyone.
“The Chief Justice of the Constitutional Court, Anwar Usman, who is the brother-in-law of President Joko Widodo and the uncle of Gibran Rakabuming Raka who is suspected of having an interest in this petition, apparently agrees with the majority of the Constitutional Court judges,” he explained.
The Constitutional Court ultimately rejected PSI’s request to lower the age limit for presidential and vice presidential candidates from 40 years to 35 years.
The Constitutional Court is of the opinion that all the reasons for the petition submitted by the Petitioner have no legal basis, and therefore, they firmly reject the petition.
However, the Constitutional Court’s decision was not taken unanimously.
Two of the nine MK judges, namely Suhartoyo and M. Guntur Hamzah, have different views.
Suhartoyo believes that the Petitioner has no legal standing orlegal standing,” so that the Constitutional Court should declare that it has no authority to examine the substance of the case.
On the other hand, M. Guntur Hamzah believes that the petition should be partially granted as “conditionally unconstitutional,” namely, that candidates for President and Vice President can be allowed to be 35 years old on condition that they have served as state officials directly elected by the people, including regional heads.
The Chief Justice of the Constitutional Court, Anwar Usman, who is the brother-in-law of President Joko Widodo and the uncle of Gibran Rakabuming Raka who is suspected of having an interest in this petition, apparently agrees with the majority of the Constitutional Court judges.
The allegation that Anwar, Jokowi, Gibran, even Kaesang, who recently became Chairman of PSI, as Petitioners would make the Constitutional Court a “Family Court” is apparently not proven.
With this decision, the Constitutional Court can maintain its role as a guardian of the constitution who is not easily influenced by anyone.
