These include matters of procedural law which make it difficult to prove, the paradigm of constitutional judges, and the independence of judges in the face of political interests.
All parties are waiting for the decision of the Constitutional Court (MK) regarding the dispute over the results of the 2024 Presidential and Vice Presidential Election (PHPU Pilpres) which is planned to be read out Monday (22/04/2024). There are 2 cases that will be decided by the Court. First, case No.1/PHPU.PRES-XXII/2024 which was filed by the Presidential and Vice Presidential Candidates (Capres-Cawapres) Anies Rasyid Baswedan-Muhaimin Iskandar.
Second, case No.2/PHPU.PRES-XXII/2024 which was filed by the presidential and vice presidential candidate pair Ganjar Pranowo-Moch Mahfud MD. Various pundits and experts predict the direction of the Constitutional Court’s decision. Referring to Article 77 Law No.24 of 2003 Regarding the Constitutional Court, there are 3 types of PHPU decisions, namely ‘the application cannot be accepted’, ‘the application is granted’, or ‘the application is rejected’.
Constitutional Law expert at the Faculty of Law, Gadjah Mada University (FH UGM) Yogyakarta, Zainal Arifin Mochtar, said that the Constitutional Court’s decision regarding PHPU for the 2024 Presidential Election is almost impossible to disqualify Vice Presidential Candidate number 02 Gibran Rakabuming Raka.
“Is there a possibility of Gibran’s disqualification as a request? “The possibility of the Constitutional Court disqualifying Gibran, I realistically say is almost impossible,” he confirmed, Monday (22/04/2024).
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Zainal said there were at least 3 indications that made it difficult for the Constitutional Court to disqualify President Joko Widodo’s eldest son from his status as a participant in the 2024 presidential election. First, the PHPU presidential election procedural law is very limited, for example handling only 14 working days. This time limitation affects the limited opportunities given for evidence. Even though the parties can provide written evidence, will constitutional judges read it all?
“Legally, this event is quite difficult to expect much, now it depends on the quality of the judge whether they are willing to read and analyze details and so on,” said Zainal.