Top Court Justice Saldi Isra Delivers Dissenting Opinion on Election Dispute Hearing
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22 April 2024 19:42 WIB
TEMPO.CO, Jakarta - Constitutional Court (MK) Justice Saldi Isra assessed that the politicization of social assistance, one of the arguments brought up by running pair Anies Baswedan and Muhaimin Iskandar, was proven to have occurred in the 2024 presidential election.
"I believe that the applicant's argument regarding the politicization of social assistance is legally sound," said Saldi, while delivering his dissenting opinion during the decision hearing of the presidential election dispute on Monday, April 22, 2024.
Because of this, said Saldi, he felt a moral obligation to remind the masses to anticipate and prevent a repetition of a similar phenomenon, considering the regional head elections will be held in November.
He believes that the current verdict could be used as a legal loophole by incumbent officials and regional heads as an electoral strategy in the upcoming elections.
Meanwhile, Saldi went on, granting the applicant’s submission will act as a deterrent effect to all contesting parties in the elections. "Based on legal considerations and these facts, the distribution of social assistance for electoral purposes is impossible to deny," he said.
Saldi Isra also said the Constitutional Court should order re-voting in several regions. "To maintain the integrity of the general elections, the Court should order re-voting in several regions as mentioned in the legal considerations above," said Saldi.
The Constitutional Court decided to reject in its entirety the argument submitted by Anies-Muhaimin. However, three Justices delivered dissenting opinions during the decision hearing for the presidential election dispute; Saldi Isra, Arief Hidayat, and Enny Nurbaningsih.
For information, Saldi Isra was also one of the three MK Justices who formed dissenting opinions against the controversial Court decision no. 9 on the presidential age limit. The other two were Suhartoyo and Arief Hidayat.
Decision no. 90 paved the way for Anwar Usman's nephew, Gibran Rakabuming Raka, to become vice presidential candidate alongside Prabowo Subianto. Gibran is the son of President Joko Widodo or Jokowi.
The response of Presidential Palace
The Presidential Palace responded to the court decision on the presidential election dispute on Monday. Presidential Staff Coordinator Ari Dwipayana said he fully respects the MK's final and binding decision.
According to Ari, as the presidential election is over, it's time to unite and work together to create a better Indonesia. "The government fully supports the transition process for the elected president and vice president and will immediately prepare for it," he said in a written statement on Monday.
Ari explained that the government remains committed to completing all of its programs until the end of its term in October 2024.
JOHANES MAHARSO JOHARSOYO | DANIEL A. FAJRI
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