The Supreme Court’s Decision is Considered to Normalize Political Dynasties and is not Democratic

Constitutional Law Expert STH Jentera Bivitri Susanti assesses that the Supreme Court’s decision regarding the age limit for regional head candidates calculated at the time of the candidate’s inauguration is a fraudulent use of the law and the courts. In this decision, according to him, the problem is not just disintegration but rather a way of changing the rules of the game that is carried out in an open, participatory manner and through normal changes.

“When looking at a legal action, we not only look at the substance but also the process,” said Bivitri in the KBR Public Space Talkshow entitled “Criticizing the Supreme Court’s Decision on the Age of Regional Head Candidates” (5/6).

This decision is considered to provide a red carpet for President Joko Widodo’s youngest son, Kaesang Pangarep, who will just turn 30 years old in December to run for the 2024 regional elections. Bivitri views this effort as an effort to normalize political dynasties in society because it is carried out through legal mechanisms.

“It is very dangerous in a legal and democratic country if political dynasties become commonplace.” Meanwhile, what is being done now is not normal because it is taking shortcuts through judicial institutions whose job it is not actually to make regulations,” he explained.

Changes should be made openly so that debate can occur in the public sphere. He said that this was a good way to have democracy and a rule of law. Meanwhile, if the Supreme Court decides, the process is closed and no experts are even brought in; the decision is only based on the documents received.

“Actually, it is in accordance with the authority of the Supreme Court; nothing goes beyond what is requested, nothing ultra petita. “Legally, everything is correct, but it is done through closed means, not through open and participatory changes to regulations,” he said.

Responding to this, Director of the Association for Elections and Democracy (Perlude) Khoirunnisa Nur Agustyati said the decision was not for the good of young people and did not give young people the opportunity to run as candidates. This is because the requirements to become a candidate pair through a political party require the support of 20% of the seats or 25% of the vote.

“Which young person would have that kind of capital without the support of the power elite?” he stressed. []