There is no impressive performance shown by the MK. #kbanews
JAKARTA | KBA – Political analyst and democracy activist Muslim Arbi stated that since presidential candidate pairs 01 and 03 decided to file for a Presidential Election Dispute (PHPU) at the Constitutional Court (MK), he already felt that both would lose. According to him, the MK is not revolutionary enough to uphold democracy based on the constitution.
He expressed this view to KBA News, Wednesday, April 24, 2024, in response to the PHPU result announced by the MK which rejected the petitions of 01 and 03 and confirmed the decision favoring candidate pair 02, Prabowo Gibran.
“Why am I pessimistic? Because since the MK has been led by Anwar Usman and now by Suhartoyo, the MK has not changed. There is no impressive performance shown. There are several reasons why I am pessimistic,” said the ITB Bandung alumnus.
First, he said, Anwar Usman, who was dismissed by the MKMK and violated the ethical code, still remains as a Judge at the MK. He can still meddle there even though he is not allowed to handle Presidential and Legislative election cases.
Second, a number of lawsuits regarding issues filed by the plaintiffs, including about the lower age limit for vice-presidents and the upper age limit for presidents, were rejected by the MK. “I suspect the MK’s attitude is strange. It seems the MK is also playing games with the vice-presidential age that was decided in the controversial, legally flawed, norm-violating, constitution-violating, and law-violating MK decision no. 90.”
Third: The MK does not want to take the risk of the MK Chairman being dismissed. The decisions go on. And the MK defends its decision numbered 90 in the Presidential Election Dispute session, even though it is wrong from the standpoint of norms, against the constitution and the law.
Fourth, the attitude of MK Chairman, Suhartoyo, was initially fierce, stern, and seemingly hopeful, but in the end, he yielded. It appears he has given in to dynasty politics. If so, what is the difference between Suhartoyo and Uncle Usman?
Strange and Astounding
Fifth, Judge Suhartoyo’s attitude is strange. The public is made astounded, but ultimately it makes the MK a trash heap for those seeking justice and truth. Moreover, truth is tested by voting: 5 – 3. The people are defeated by the Palace’s Decision.
Sixth, there are strong suspicions that Judge Suhartoyo is compromised due to a case during his tenure as a Judge at the MA. “If that is true, from the public’s instinct and common sense of the Sovereign people, it is thought that the MK is held hostage by the powers that be.
Seventh, the public only witnessed four active judges during the Presidential Election Dispute Session. It could be that the other four judges were just waiting to vote. It can be suspected that these four judges carry the Palace’s mission. From a calculative perspective. The Palace already has 4 judges appearing as ornaments. Just waiting for voting plus one judge held hostage by a case. Then it becomes 5:3. The Palace’s score wins over the People’s lawsuit.
Eighth, the MK judges who have been funded by the state from the People’s Taxes have become traitors to the people’s mandate.
Ninth, If the MK is no longer a place to seek Justice and sovereignty for the people. The people will seek justice on their own with the People’s Court.
Tenth, the people will visit its house in Senayan to soon hold a People’s Session or People’s Court. “That is our hope. May it be realized,” said Muslim Arbi. (kba)