Part 7: Presidential Threshold Removal, “A Part of the Story of “Hand of God”?

Presidential Threshold Removal,  (Part 7)

“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 & 5 & 6), so it would build complete comprehension.

On the previous part, there are some questions what kind of The Constitutional Court ruling Case 70? Is it annulled Supreme Court Decision Number 23/P/HUM/2024)? What kind of implication this ruling toward Kaesang Pangarep the youngest son of President Jokowi who was eligible to be a governor candidate based on supreme court decision? Include the last question (part 4), does political interplay between President Jokowi and Defense Minister  Prabowo Subianto which aligned each other  to create a pair of presidential candidate for 2024 election, classified as violation of the constitution?

The Constitutional Court rejected the petition Case 70 on the judicial review of the provision on the minimum age of regional heads as regulated in Article 7 paragraph (2) letter e of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors into Law (The law of regional head election). However, it emphasized that all requirements for regional head candidates regulated in Article 7 must meet before the candidates are determined. The norms clearly and firmly, “bak basuluh matohari, cetho welo-welo” according to the legal consideration of the decision .

Not only that, the court was very mindful with political atmosphere, that ruling, would stop the steps  of  Kaesang Pangarep, the youngest son of President Jokowi proposed as a Governor candidate at Central Java Province. It is one of the provincial region who always determine majority voters in every presidential election. As we know that the minimum age for Regional Head Candidate is 30 (thirty), but the regulation in Regional Head Election Law, written “since the determination of candidate pairs”.

Kaesang, was born on December 25, 1994, he was not eligible, because KPU scheduled to announce determination eligible candidates on Sept. 22, 2024, when he would still be 29 years old. But The Supreme Court judicial review ruling (Case Number 23/P/HUM/2024) have interpreted that the minimum age counted “since the inauguration of the elected candidates”. It means that Kaesang Pangarep, even though at that time of the determination eligible as candidate and still 29 years old, if Kaesang elected as a governor, he would be inaugurated in January 2025, so Kaesang would be eligible to proposed as a candidate according tho Supreme Court ruling.

But The Constitutional Court, ignored supreme court ruling and reinterpretation Article 7 the law of the regional head election based on purify the grammatical text of that rule “since the determination of candidate pairs” by General Election Commission (KPU).

The Constitutional court asserted in the legal consideration, if the election organizers (KPU) do not follow the court’s legal considerations, as a holder of judicial power authorized to settle election results, candidates for regional heads and their deputies who do not meet the requirements and conditions in question could potentially be disqualified by the Court.

This is a warning from the court, but we know after that, House of Representative (DPR) immediately responsed in a day to ignore The Constitutional Court ruling. The House would alter The law of regional head election based on Supreme Court (MA  Case No. 23/ 2023) that actually different with Constitutional Court ruling. As a footnote, which one is reasonable? legal or not legal? I will explain about it later, in the other moment.

After The House responded, public responded immediately with “emergency warning”, and made high explosive reactions by huge demonstration happened to reject political move from The House. The House faced widespread protests, urging to stop the process alteration of The Law of Regional Head Election. Because of that process deemed only to open gateway for Kaesang Pangarep to be candidate.  At the part of the story, The House has not extra power to resist the flood of protests and  finally “surrender” to the people’s power. The House stopped the process, and finally Kaesang is not eligible to be a candidate. 

The People’s power from widespread protest to protect The Court ruling succeed to inject spirit to the court. The Court not just “silent” with the political branch but continue active to quash the rules which have facilitated playing fields to political parties to play uncontrollable even “wildly”. It drives subconscious and also conscious mind of the court, and could not disconnected with the question why the court finally “overthrowing” Presidential Threshold rules. Because, The court received strength and soul from the people’s movement previously and used “the strong and the soul” to remove presidential threshold rules.

But It does not mean, you could find the winner, The court still war with himself, minority mind at the Case 90, still wants to stop the long-term effects of the  case 90, but it does not mean, majority mind still stand tall. So, even The Court received strength and soul from the people’s movement, it does not mean unanimously all the justices would continue the same perception to face the upcoming case. All human being include justices have interests and sometimes It’s the same and sometimes It’s not the same .The Justices even embraced the same theory they would shift each other if needed. The atmosphere would playing a significant roles. “History Doesn’t Repeat Itself, but It Often Rhymes” said Mark Twain.

After a series of events happened, relation between The Court and Presidential Elected actually still in a “silent beef” or politically  defined  is  ‘a cold war”. Maybe we did not realize it, but this has happened.

By the way, actually that all the decisions of the court may classified landmark decision, not significantly wrong in constitutional perspective but just controversial decision. All legal reasoning even from the dissenter sticked constitutional ground. Those decisions is a breakthrough or abuse of power depend on your private interest how to looking through.

So that is why, many best selling books about life, told that, the world actually colored by “confirmation bias” even up to all state organ not only political branch of power but also judicial branch. People will embraced the theories and find data or fact that would validated their interest to make action or decision in their daily life, even you are a professional or state servant under oath.

And the question in the previous part, does political interplay between President Jokowi and Defense Minister Prabowo Subianto at that time, which aligned each other to create a pair of presidential candidate for 2024 election, classified as violation of the constitution? I It doesn’t look like that either. Do not sweat small stuff, this is just about political opportunity, the other side of viewpoint is an opportunity of life, opportunity to build the nation. Not yet classified as abused of power or nepotism that violated the constitution, every citizen has the right to be candidate.

Finally, All the series of events happened is “a story”. A story of constitutional thriving. May be Case 90 is a part of the Story of “Hand of God” of Maradona (1986 FIFA World Cup) has profoundly impact to create a new story of constitution. One of the story, The Court finally overthrowing Presidential Threshold rules with acknowledged legal standing from all students as petitioners.

The Constitution would still continue strives and thriving.

After all of this, does the story will be end? No. The story will be continue, between Constitutional Court, and political branch of power and maybe “the third person” is Supreme Court. Who is the winner? The winner always is the story itself.