Fajar Laksono replied that the independence of the Constitutional Court on the presidential threshold is being questioned

Fajar Laksono replied that the independence of the Constitutional Court on the presidential threshold is being questioned

INDONESIATODAY.CO.ID, JAKARTA — Denny Indrayana, attorney for the Regional Representatives Council (DPD), highlighted the decision by the Constitutional Court (MK) that rejected the president’s threshold lawsuit, or threshold for the presidential candidacy, which 20 percent of the DPR -Requires seats or 25 percent of total national votes.

As is known, the Constitutional Court on Thursday (7/7/2022) dismissed at least four lawsuits at once, namely those related to the presidential threshold, judicial review related to simultaneous elections and judicial review of the appointment of incumbent governors of DKI Jakarta and Papua and lawsuits related to the verification of political parties participating in the election.

The lawsuit was filed by multiple parties, ranging from the DPD RI to political parties such as the Crescent Star Party (PBB).

The case is registered under number 52/PUU-XX/2022.

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Denny was concerned that the Constitutional Court’s decision to dismiss the president’s threshold lawsuit was palace interference.

Therefore, it is considered that it may affect the independence of the court.

“So when the big parties and the palace have candidates who then cannot run because of the presidential threshold, then these political forces want to remove the presidential threshold so that figures like Anies or Ganjar or anyone who is struggling to advance have a chance or who also always others who have the opportunity then this change in political configuration,” Denny Indrayana said in a virtual discussion on Wednesday (7/13/2022).

Also read: PKS President gives reasons for presidential threshold in presidential elections of ideally 7-9 percent

“Unfortunately, my reading may influence the positioning of the Constitutional Court’s decision,” he continued.

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Additionally, Denny worries that legal issues are not only legal in and of themselves, but are influenced by two forces.

“Political power, the power of the legal mafia is transactional power, that’s a changing political configuration,” he said.

This professor of constitutional law added that another factor that was believed to affect the constitutionality of the presidential state was the change in the composition of the judges of the Constitutional Court.

He believes that if three other judges change their position on the article, the article’s provisions regarding the 20 percent presidential threshold may not be consistent with the Constitution.

“So changing the positioning of the presidential threshold is indeed not open legal policy, and this article violates the Basic Law,” Denny said.

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“Regarding the legal policy analysis, there are two things that can cause the constitutional court to change the constitutional positioning of the presidential threshold. And not once or twice, I’m about to change,” he continued.

On the same occasion, Constitutional Court (MK) spokesman Fajar Laksono responded to Denny’s concerns.

However, Fajar said he could not comment much on the court’s independence.

“I can’t say anything more about independence, because then you also play discourses, play assumptions,” said Fajar.

“How to prove that the Constitutional Court is not independent, the 9 Constitutional Judges are not independent. What can then be mediated there, because then the entire court process takes place openly,” he said.