JAKARTA - Constitutional Court Judge Arief Hidayat became one of the judges who expressed a different opinion or dissenting opinion regarding the Constitutional Court's decision on the dispute over the 2024 Presidential Election submitted by candidate pair number 1, Anies-Muhaimin.
In his dissenting opinion, Arief touched on the issue of democracy, which is currently considered to have experienced a deficit.
Initially, Arief mentioned that Indonesia has held several elections since the fall of the New Order regime or post-reform era. Elections are held periodically every 5 years, starting in 1999, 2004, 2009, 2014, 2019, and in 2024.
He acknowledged that the 2024 election is quite complex compared to previous ones.
"Meaning, there have been six elections for the Members of the DPR, DPD, Provincial/Regency/City DPRDs and Presidential/Vice Presidential Elections. Even the 2024 General Elections are a simultaneous general election that is quite complex," said Arief during the verdict session at the Constitutional Court building in Central Jakarta on Monday (22/4/2024).
The 2024 election is quite complex, he said, because it is held simultaneously on the same day to elect the President and Vice President, as well as to fill 580 seats in the DPR, 2,372 seats in Provincial DPRDs, 1,510 seats in Regency/City DPRDs, and a total of 152 seats in the DPD, and in November 2024 there will be 545 regions holding Regional Elections.
According to him, the implementation of six elections can measure the degree of maturity or maturity level of Indonesia's democracy. It is possible, he said, that the implementation of the 2024 election is leading to a worrying deficit of democracy.
"Because, the fair and periodic conduct of general elections is often used as one of the instruments to measure whether our democracy is improving or even declining or perhaps without realizing it, our democracy is currently heading towards a worrying deficit of democracy," he said.
He explained that currently, there are clear violations of fundamental principles of elections.
"Because, it has been clearly seen with the naked eye that there are fundamental violations of the principles of elections which are direct, general, free, secret, honest, and fair as regulated in Article 22E paragraph (1) of the 1945 Constitution," he concluded.
Verdict
Previously, the Constitutional Court (MK) rejected the dispute lawsuit over the 2024 Presidential Election filed by the presidential and vice-presidential candidate pair number 1, Anies Baswedan-Muhaimin Iskandar, on Monday (22/4/2024).
This means that the decision of the General Election Commission (KPU) regarding the results of the 2024 Presidential Election, where presidential and vice-presidential candidate pair number 2, Prabowo Subianto-Gibran Rakabuming Raka, remains valid.
The decision of the Constitutional Court was delivered by Chief Justice Suhartoyo in a hearing held since 09.00 WIB.
"The petitioners' request is rejected in its entirety," said Suhartoyo.
In their lawsuit, Anies-Cak Imin requested the Constitutional Court to annul the results of the 2024 Presidential Election.
One of the arguments they presented was related to Gibran's status as vice president not in accordance with KPU Regulation Number 19 of 2023. However, the Constitutional Court rejected this argument.
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