Petitioner Requesting Court Decision Be Annulled Absent from Hearing

Deputy Chief Justice Saldi Isra with Constitutional Justices Arief Hidayat and Ridwan Mansyur presiding over a hearing on the petition requesting the annulment of Decision No. 90/PUU-XXI/2023, Thursday (2/1/2024). Photo by MKRI/Panji.

JAKARTA (MKRI) — Elvan Gomes, and advocate, has filed a petition requesting the annulment of Decision No. 90/PUU-XXI/2023 on the minimum age of presidential and vice-presidential candidates to the Constitutional Court (MK). However, the Petitioner for case No. 5/PUU-XXII/2024 was absent from the preliminary hearing on Thursday, February 1, 2024.

“[The Petitioner] is absent. The schedule was set and [the Petitioner] was summoned, [but] absent. It will be processed further by the Registrar’s Office. That said, the hearing for case No. 5/PUU-XXII/2024 is adjourned,” said Deputy Chief Justice Saldi Isra (panel chair) alongside Constitutional Justices Arief Hidayat and Ridwan Mansyur from the plenary courtroom.

In the petition, the Petitioner argues that he has the authority and duty to enforce the law by declaring and proving the truth or mistake and sanction based on the decisions of the Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK), which affirmed that violations had occurred. The he also argues that Decision No. 90/PUU-XXI/2023 has been used by Gerindra and other parties to endorse Gibran Rakabuming Raka as a vice-presidential candidate, which has subsequently been approved by the KPU (General Elections Commission).

“The unlawful decision has been used to harm the legal order of the nation and state and has caused an uproar in the community, which has led to the damage of the law in the community and allegations of fraud in the election, as stated by the fourth president and chairman of the Indonesian Democratic Party of Struggle (PDI-P) Prof. Dr. Hj. Megawati Soekarno Putri,” the petition says.

The Petitioner believes said decision has violated Article 1 paragraph (2) of the 1945 Constitution and is legally flawed and its derivatives must be declared null and void. In the petitum, the Petitioner requests that the Court delay the determination of presidential tickets that used said decision until there is a legally binding decision on his petition. He also requests that the Court declare said decision and other decisions citing that decision null and void.

Author       : Mimi Kartika
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

Thursday, February 01, 2024 | 16:09 WIB 44