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The Constitutional Court (MK) completely rejected the petition to dispute the results of the Presidential-Vice Presidential election submitted by Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud Md. 3 of the 8 MK judges expressed dissenting opinions.
The dissenting opinion by a Constitutional Court judge in the PHPU Presidential Election is the first time this has occurred. So what is the meaning of dissenting opinion? Below detikSumut summarizes the meaning of dissenting opinion, check out the following information, detikers!
Definition of Dissenting Opinion
Reporting from the Journal of Legal Studies and Research entitled Implications of Dissenting Opinions of Constitutional Court Judges on Public Legal Awareness by Muhamad Rusdi, the meaning of dissenting opinion has been regulated normatively. According to Article 45 paragraph (10) Law no. 24 of 2003 concerning the Constitutional Court, a dissenting opinion means that in the case of a decision where a unanimous consensus is not reached, the opinions of different members of the Panel of Judges are included in the decision.
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Quoted from the official website of the Constitutional Court of the Republic of Indonesia, the definition of dissenting opinion is a difference of opinion between judges regarding their decision. Regulated in Article 10 of the Constitutional Court Law, the Constitutional Court’s decision is final and binding.
Referred to from the Educational, Social and Religious Journal entitled Constitutional Court Decisions Accompanied by Dissenting Opinions in Fulfilling the Principles of Justice by Muammad Saleh Suat, a dissenting opinion is a judge’s identity regarding a condition, value and interpretation that is considered correct . Accountability and intellectual credibility, especially the principle of careful decision-making, are at stake with the presence of dissenting opinions.
Regulations regarding Dissenting Opinion
Regulations regarding dissenting opinions can be seen in Article 14 of Law Number 48 of 2009 concerning judicial power, namely:
- The decision is taken based on a confidential judge’s deliberation session.
- In a deliberative session, each judge is obliged to submit written considerations or opinions regarding the case being examined and this becomes an inseparable part of the decision.
- In the event that a unanimous consensus cannot be reached at the deliberative session, the opinions of the different judges must be included in the decision.
- Further provisions regarding deliberative hearings as intended in paragraph (2) and paragraph (3) are regulated in the Supreme Court Regulations.
That’s it detikNorth Sumatra summarize the definition of the first dissenting opinion in the history of the President’s PHPU case at the Constitutional Court. Hopefully it’s useful, detikers!
This article was written by Dostry Amisha, a student participating in an independent internship at detikcom.
Watch the video “Mahfud: Throughout history there has never been a dissenting opinion in election disputes”
[Gambas:Video 20detik]
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