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Part 5: Presidential Threshold Removal – “A Part of the Story of “Hand of God”?

Presidential Threshold Removal (Part 5)

“A Part of the Story of “Hand of God”?

by A. Irmanputra Sidin PhD in Constitutional Law/ Constitutional Lawyer

If you just read this part, I suggest that you should read previous part (3 & 4), so it would built complete comprehension.

In the previous part, there was one question, What can we read from the result of presidential election and relation of concerns which have raised about Case 90 would ruin democracy and constitution? I could not blame the opinion that Presidential Election result with 96,2 M votes (58,6%) for Prabowo-Gibran have proven that all the concerns about Case 90 would ruin democracy and constitution is not supported of majority voters. This is one of evidences that majority votes accepted young people as vice presidents, even though he is the son of President incumbent at that time. The majority voters not influenced by ethics council’s decision who have removed Anwar Usman as a chairman of the Court.

Now, Gibran Rakabuming Raka is a Vice President whom constitutionally elected and inaugurated with his pair Prabowo Subianto as a President on October 20, 2024. (someday I will explain Case 90  which may classified “once in a blue moon” and landmark decision).

Source: CNN Indonesia

After General Election Commission (KPU) declared pair number 02, Prabowo Subianto-Gibran Rakabuming Raka, as the winner of the 2024 presidential election on March 20, 2024, Constitutional Court received requests to dispute the results of the presidential election. The disputed submitted by presidential and vice presidential candidates Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD. The Court which held on Monday, April 22, 2024, finally asserted that the entire petition was legally groundless and handed down a verdict to reject (Decision Case No. 1/PHPU.PRES-XXII/2024).

Source: Jawapos.com

In this decision, not unanimously, for the first time in the Constitutional Court’s history, some of the constitutional justices gave dissenting opinions on the presidential election results dispute. Constitutional Justices Saldi Isra, Arief Hidayat, Enny Nurbaningsih  dissented to decision. For Your Information, Saldi Isra and  Arief Hidayat (dissent on case 90), Enny Nurbaningsih (concurring opinion case 90).

Suhartoyo (dissent on Case 90) at that time has been appointed as Chairman of the Court to replace Anwar Usman who has dismissed by Ethics Counsel. Anwar Usman, not involved in this pleno hearing to make verdict due to the sanction of ethics Counsel. So it was automatically, only eight Constitutional Justices involved. So what will happened if constitutional justices vote tied, which is four (4) against four (4).  By then, Ruling would determined by the Chief of Pleno Hearing, and at that time Suhartoyo as a Chairman of the Court acted as a Chief of Pleno Hearing. If Suhartoyo vote to joint dissent with Saldi Isra, Arief Hidayat and  Enny Nurbaningsih, Presidential Election could be rerun.

But, it was not as simple as that. As a Chief of Constitutional Justice, Suhartoyo must be sticked top highly  statesmanship as a condition which has determined by constitution. It means that, for the sake of our nation, Suhartoyo could not cook verdict, which would caused an “earthquake” caused by huge crashed between constitution and politics (majority voters). It was due at that time President Jokowi was wildly popular, he had hold 80% approval rating even he’s picture not displayed in the ballot and huge sway over Indonesia’s voters at that time. Not only that, electability of Prabowo-Gibran which was predicted previously limited on the range 50- 52% voters and the real voters, at the election soared more 58,5%. This is landslide victory!.

So, it is understandable why Suhartoyo, finally, not handed down verdict to annul election results by joining reasoning with Saldi Isra, Arief Hidayat and Enny Nurbaningsih. They would reverse the situation that was the majority constitutional justices become minority (dissenting opinion). And finally after this decision, all the disputes about election final and binding and Prabowo-Gibran would face inauguration day and vows into office smoothly on October 20, 2024.

Before Inauguration Day, October 20, 2024, ahead of the simultaneous regional head election, in the times for all political parties was busy to find and propose candidates for regional head election, The Courts announced his new ruling on August, 20, 2024. The court granted the petition of the Labor Party and Gelora Party in a part of regarding the threshold for regional head candidacy. In Decision No. 60/PUU-XXII/2024 (Case 60), the Court also provided details of the threshold that must be met by a political party or a coalition of political parties participating in the election to be able to nominate pairs of candidates for regional heads (governors, regents, and mayors).

The Court stated that Article 40 paragraph (1) of the The law of regional head election does not have binding legal force as long as it is not interpreted that a political party or a coalition of political parties participating in the election can nominate a candidate pair if it has fulfilled the requirements to nominate candidates for governor and deputy governor, regents and deputy regent, mayors and deputy mayors. All political parties that do not get seats in the DPRD can nominate candidates for regional heads and deputy regional heads. The calculation of the requirements to nominate a candidate pair is only based on the results of the valid votes of a political party or a coalition of political parties in the elections in the relevant region.

What kind of the requirements to nominate a candidate pair which is only based on the results of the valid votes of a political party or a coalition of political parties in the elections in the relevant region and What kind of implication of this ruling toward Big Coalition Jokowi-Prabowo/Gibran?….To be continued on the next part.

Thank you.

Jakarta, January 15, 2025

#irmanputrasidin #presidentialthreshold

 

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