December 19, 2023
New Application to Review Judgement Allowing President’s Underage Son to Stand
JAKARTA, KOMPAS.com – The minimum age requirement for presidential and vice presidential candidates in Article 169 letter q of the Indonesian Election Law as amended by Constitutional Court Decision 90/PUU-XXI/2023 is being challenged again in the Constitutional Court.
The plaintiff, said to be a student named Mr. Saiful Salim, is asking that candidates Prabowo and Gibran be disqualified from the 2024 presidential election… For more see https://nasional.kompas.com/read/2023/12/19/15250561/syarat-usia-digugat-lagi-ke-mk-pemohon-minta-pilpres-tanpa-prabowo-gibran
November 20, 2023
Elections: Constitutional Court to Hold Judicial Conference in Retrial of Presidential and Vice-Presidential Age Limits Judicial Review Case
By Vitorio Mantalean, Diamanty Meiliana, and the Editorial Team from Kompas.com, 20 Nov 2023, 16:44 Local
JAKARTA, KOMPAS.com – Indonesia’s Constitutional Court1 is set to schedule a judicial conference meeting to discuss the continuation of case number 141/PUU-XXI/2023 which seeks to “retry” the statutory minimum age requirement for presidential and vice-presidential candidates already previously amended by the Court.
This was conveyed by recently-appointed Constitutional Court Chief Justice Suhartoyo2 who is also heading the panel of justices hearing the case.
“We are taking this to a judicial conference meeting tomorrow so it doesn’t take too long,” said Chief Justice Suhartoyo during a follow-up hearing Monday 20 November 2023 aimed at amending the petition.
Chief Justice Suhartoyo made this statement when the plaintiff’s attorney, Mr. Viktor Santoso Tandiasa3, said that the petitum4 (request) in the document amending the application required further adjustments.
He filed this as a renvoi5.
Chief Justice Suhartoyo then invited him to amend the petitum in line with the wishes of the plaintiff so that the minimum age requirement for presidential and vice-presidential candidates was “40 years of age, or experienced as a regional head at the provincial level, namely, as governor and/or deputy governor.”
The amended petitum, said Mr. Viktor, was brought into line with the dissenting opinion (concurring opinion) of the justices in the previous judgement on the minimum age requirements for presidential and vice-presidential candidates in Constitutional Court decision number 90/PUU-XXI/2023.
“We will report this to the judicial conference meeting, including the application for the petitum to be subject of a renvoi,” said Chief Justice Suhartoyo.
It is not yet known what the agenda for the judicial conference meeting will be, whether the panel of justice will immediately decide the case, or continue the matter to an examination hearing.
Chief Justice Suhartoyo also only asked that the plaintiff and Mr. Viktor wait for notification from the registrar’s office regarding the continuation of the case.
The case was previously filed by Mr. Brahma Aryana (23), a student at the Faculty of Law at the Indonesian Nahdlatul Ulama University (Unusia)6, registered as case number 141/PUU-XXI/2023.
Mr. Brahma felt that the case needed to be filed because decision number 90/PUU-XXI/2023 was proven to arise from a serious ethical violation by the Constitutional Court’s former Chief Justice Anwar Usman, as determined by the Constitutional Court’s Judicial Conduct Board findings released on November 7, 2023.
He hoped the Constitutional Court could determine the matter expeditiously as the case was seen as very clear following examination by the Constitutional Court in earlier cases. He also asked that former Chief Justice Anwar Usman not be involved in adjudicating this matter.
In the same ruling, the Judicial Conduct Board explicitly recommended that the Constitutional Court should not involve Justice Anwar Usman in adjudicating the case. The Board believed that this was also possible on the basis of the Law on Judicial Authority, through the right of refusal which sits with the plaintiffs.
Mr. Brahma raised concerns that among the five constitutional justices who agreed to amend the statutory minimum age requirement for presidential and vice-presidential candidates, there was not unanimity of views. Out of the five justice, only three (Justices Anwar Usman, Manahan Sitompul, and Guntur Hamzah) agreed that members of legislatures or executives of any level of regional government, including governors, were eligible to stand as presidential and vice-presidential candidates.
On the other hand, the other two justices (Justices Enny Nurbaningsih and Daniel Yusmic Pancastaki Foekh) agreed that only governors were eligible to stand from among regional executive heads. This discrepancy in interpretation could lead to legal uncertainty, he argued.
“Reading the decision in its entirety, it was unanimously agreed by the five constitutional justices that only those holding the position of governor was eligible to stand as candidate for president or vice-president,” said Mr. Brahma.
He emphasized that the new [exemption] phrase [interpreted] in decision number 90/PUU-XXI/2023 should be [found] unconstitutional, because it was based on the votes of only three of the required five justices.
Thanks to the decision in case number 90/PUU-XXI/2023 issued on October 16, 2023, then Chief Justice Anwar’s nephew, and President Joko Widodo’s eldest son, Mr. Gibran Rakabuming Raka, became eligible to compete in the 2024 presidential election at the age of 36, on the basis of his status as the currently appointed mayor of the Central Java city of Solo for the last 3 years.
Mr. Gibran was unanimously nominated by the Advance Indonesia Coalition (KIM) of parties as its vice-presidential candidate to run alongside Lt. Gen. (Retd.) Mr. Prabowo Subianto since October 22. The Prabowo-Gibran team were determined as presidential and vice-presidential candidates, and allocated ballot numbers, by the Indonesian General Elections Commission on November 13 and 14, 2023.
This article is based on: https://nasional.kompas.com/read/2023/11/20/16442161/mk-segera-gelar-rph-gugatan-ulang-batas-usia-capres-cawapres?page=all#page2
November 8, 2023
Constitutional Court To Hold Urgent Hearing on Presidential and Vice-Presidential Minimum Age Requirements
By Diva Lufiana Putri and Farid Firdaus, Kompas.com November 8, 2023, 09:30
JAKARTA — Indonesia’s Constitutional Court is set to hold a judicial review hearing on Public Law Number 7/2017 Concerning General Elections (Election Law) today Wednesday, November 8, 2023, at 1:30 PM local time.
The subject of the lawsuit is Article 169 paragraph Q of the Election Law which was previously amended by Constitutional Court decision number 90/PUU-XXI/2023 in the following terms:
“Minimum age of 40 (forty) years, or has previously or is currently holding a position elected through an election, including elections for regional heads.”
“Wednesday, November 8, 2023, at 1:30 PM. Agenda: preliminary hearing,” stated the official website of the Constitutional Court as quoted by Kompas.com on Tuesday, November 7, 2023.
The judicial review case was filed by Mr. Brahma Aryana (23), a law student at the Indonesian Nahdlatul Ulama University (Unusia) under case number 141/PUU-XXI/2023.
Minimum Age Requirements for Presidential and Vice-Presidential Candidates
Mr. Brahma is concerned about the Constitutional Court’s decision to add a phrase allowing anyone who has previously held an elected position through elections, including elections for regional heads, to register as a presidential or vice-presidential candidate.
Mr. Brahma’s attorneys, Mr. Viktor Santoso Tandiasa and Mr. Harseto Setyadi Rajah7, explained in the application for judicial review that their client hopes that only governors under the age of 40 can register to be presidential or vice-presidential candidates.
Mr. Brahma submits that the rule should not apply to elected regional heads below the provincial level such as regents or mayors.
As reported by KompasTV on Tuesday one of Mr. Brahma’s reasons for filing the lawsuit is the lack of legal certainty surrounding the level of positions referred to by the terms “general election” and “regional head election.”
Furthermore, the composition of justices who decided the previous case is also of concern to Mr. Brahma in his current application for judicial review.
“Only three constitutional justices agreed that positions below governor should be included, while five of the constitutional justices found for limiting the provision to governor level positions,” Mr. Brahma said.
As a result, through Viktor and Harseto Mr. Brahma has applied for the panel of constitutional justices to amend the wording of Article 169 paragraph Q of the Election Law to read:
“Minimum age of 40 (forty) years, or has previously or is currently holding a position elected through regional head elections at the provincial level.”
If the change were to be made, it should come into effect for the 2029 elections.
This article is based on https://www.kompas.com/tren/read/2023/11/08/093000165/hari-ini-mk-gelar-sidang-soal-usia-capres-cawapres-lagi-kapan-diberlakukan
Seven Former Constitutional Court Justices Respond to the Decision of the Court’s Judicial Conduct Board, Acknowledge Concerns Over Ethical Violations
Seven former justices of the Constitutional Court gathered to respond to the decision of the Court’s Judicial Conduct Board to remove Chief Justice Anwar Usman from his position as Chief Justice of the Constitutional Court on Tuesday, November 7, 2023. Former Chief Justice of the Constitutional Court, Hamdan Zoelva8, expressed his concern about the current state of the Constitutional Court due to the numerous ethical violations. “We all expressed our concern after hearing the decision of the Judicial Conduct Board which revealed many things that should not happen to justices and the Constitutional Court,” Hamdan said at the Borobudur Hotel in Central Jakarta on Tuesday.
Footnotes:
- According to unsourced information, in the lead up to the formation of Indonesia’s Constitutional Court in 2003, the political landscape was rife with debates, maneuvering, and controversies that reflected the nation’s transition from authoritarian rule to democracy. The establishment of the Constitutional Court was met with both staunch support and vehement opposition, with various actors and parties entangled in a complex web of arguments and political maneuvering. Proponents of the Constitutional Court, including civil society groups, legal experts, and reform-minded politicians, advocated for its creation as a crucial step towards institutionalizing democracy.
They argued that a specialized court was indispensable for interpreting the Constitution, ensuring checks and balances, and upholding fundamental rights. These proponents viewed the Court as a bulwark against potential abuses of power and a means to consolidate Indonesia’s democratization process.
On the opposing side were factions within the political elite who perceived the creation of the Constitutional Court as a threat to their interests. Some argued that the court could potentially encroach upon the authority of other branches of government, diluting their power. Additionally, concerns were raised about the court’s independence and the possibility of it being used as a tool for political manipulation. These opponents, comprising segments of political parties and establishment figures, maneuvered to impede or dilute the court’s authority through legislative means.
Key actors in the push for the Constitutional Court included reformist leaders such as Abdurrahman Wahid, Megawati Sukarnoputri, and Amien Rais, who championed democratic reforms and supported the court’s establishment. These figures, along with civil society organizations and legal scholars, lobbied for the creation of an independent and empowered Constitutional Court.
Conversely, opponents within political parties, notably some elements within the Golkar Party and other establishment figures, raised objections to the court’s formation. They voiced concerns about the potential disruption it might cause to the established power dynamics and questioned the necessity of a separate judicial body for constitutional matters.
Political maneuvering involved negotiations, compromises, and strategic alliances within the Indonesian House of Representatives to pass the necessary legislation for the court’s establishment. Amidst these debates and power struggles, compromises were made to address concerns about the court’s scope, powers, and composition.
Ultimately, despite the opposition and controversy, the Constitutional Court Act was passed in 2001, leading to the official establishment of the Constitutional Court in 2003. This pivotal moment marked a significant milestone in Indonesia’s democratic journey, solidifying the country’s commitment to the rule of law and constitutional governance.
The debates and controversies surrounding the formation of the Constitutional Court exemplify the intricate interplay of interests, ideologies, and power dynamics in Indonesia’s post-authoritarian political landscape. ↩︎ - https://en.wikipedia.org/wiki/Suhartoyo ↩︎
- The firms website is https://vstlawfirm.com/. ↩︎
- The term “petitum” refers to the specific claim or request made by a party in a civil or administrative suit. It represents the precise relief or remedy sought by the plaintiff or claimant from the court.
The petitum outlines the specific demands, requests, or remedies that the plaintiff is seeking as a resolution to the legal dispute. It’s a crucial element of the claim, as it defines the scope of the relief or remedy being pursued by the party initiating the legal action. This statement of claims helps in guiding the court’s decision-making process by providing clarity on the relief sought and the reasons behind it. Also see Amusroh, R.W. and Paserangi, H., 2022. The Implementation of Ultra Petita Principle in Decisions on Corruption Cases in Indonesia (A Study of Legal Sociology). LEGAL BRIEF, 11(5), pp.2985-2992. http://legal.isha.or.id/index.php/legal/article/view/625 ↩︎ - “In Indonesian court, correction to mistake editorial decision called with “renvoi“. The renvoi procedure is carried out with cross out editorial wrong decision then replaced with correct editorial. On the left margin wrong decision the then given description about exists repair and signed by the Panel of Judges. In known renvoi practice a number of term like legitimate cross out replace, legal cross out added, and others.” Ramadani Yunus, Khalimi, Sartono, Yuhelson, & Ramlani Lina Sinaulan. (2022). OBSTACLE EXECUTION DECISION COURT TAX AS CONSEQUENCE FINDINGS WRONG WRITING / MISCOUNTING IN THE RELATIONSHIP WITH MANDATORY LEGAL CERTAINTY TAX. World Bulletin of Management and Law, 17, 112-117. Retrieved from https://www.scholarexpress.net/index.php/wbml/article/view/1877 ↩︎
- https://www.unusia.ac.id/ ↩︎
- See note 3 above. ↩︎
- Hamdan Zoelva (born 21 June 1962 in Bima, West Nusa Tenggara) is an Indonesian politician and lawyer. He was the chief justice of the Indonesian Constitutional Court from 2013 to 2015, replacing Akil Mochtar whose appointment was terminated following bribery charges relating to an election dispute in Lebak Regency, Banten Province. He also has served as former leaders of the Crescent Star Party. See https://en.wikipedia.org/wiki/Hamdan_Zoelva ↩︎
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