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Megawati criticizes 'fabrication ruling' by Constitutional Court

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Jakarta Globe - November 13, 2023

Heru Andriyanto, Jakarta – Former Indonesian President Megawati Soekarnoputri has criticized a recent decision by the Constitutional Court, founded during her term in 2003, which cleared the way for President Joko "Jokowi" Widodo's son to become a running mate for a rival presidential candidate.

In a video message released on Sunday, Megawati referred to the court's ruling as a "fabrication." The decision, which involved revising the candidate's age limit, led to an inquiry by the Constitutional Court's Honor Council.

Chief Justice Anwar Usman, who is President Jokowi's brother-in-law, was eventually removed from his post for a "serious breach of the ethical code."

"The Honor Council's decision demonstrated the triumph of moral strength and politics grounded in truth against a fabricated ruling by the Constitutional Court," Megawati said as she applauded the Honor Council decision.

Megawati, along with her Indonesian Democratic Party of Struggle (PDI-P), has nominated former Central Java Governor Ganjar Pranowo for the 2024 presidential election.

Initially expected to gain support from Jokowi, the situation took an unexpected turn when Jokowi's 36-year-old son, Gibran Rakabuming Raka, was appointed as a running mate for presidential candidate Prabowo Subianto.

Gibran was initially ineligible due to age restrictions, but the situation changed after a hearing in the Constitutional Court presided over by his uncle, added a clause to the related article. This clause now stipulates that a candidate "must be at least 40 years old or must have served or be serving in a public position through general elections, including regional government leader elections."

Gibran was elected the mayor of Solo with PDI-P's backing two years earlier.

"We are all regretful and deeply disturbed by this development. I have said multiple times that the constitution is the foundation on which this nation is governed and must be obeyed," Megawati said in the video streamed on the party's YouTube account.

It was her first public remarks since the controversial ruling was issued on October 19.

Although the chief justice and several justices were sanctioned, the Honor Council has no authority to overturn the ruling and Gibran remains a valid candidate for 2024.

Megawati recalled the moment she executed the mandate to establish the Constitutional Court in 2003.

"The name suggests that the court is a highly respected institution entitled to a very noble and important task of representing the whole Indonesian people in safeguarding the constitution and democracy," Megawati said.

She added that it was her personal decision to choose an area near the State Palace in Central Jakarta as the location of the Constitutional Court building, taking into consideration the court's very crucial role in protecting the country's justice system and political foundations.

The court was founded for the interest of the people and the nation, not certain individuals, she stressed.

"The first Constitutional Court Chief Justice is Mr. Jimly Asshiddiqie and I thank him for his consistency through all this time," Megawati said.

Jimly headed the court's three-member Honor Council that recently sanctioned Jokowi's brother-in-law for the breach of the ethical code.

The Constitutional Court was founded on the background of a political reform movement that demanded changes from what was then "a very authoritarian government and culture", she added.

An authoritarian and centralistic government became the breeding ground for corruption, nepotism, and collusion, and therefore the people demanded reform, Megawati continued.

The transition into a democratic system "wasn't either easy or beautiful", Megawati said, pointing out several incidents in which pro-democracy activities were killed or abducted by security forces before, during, and after the downfall of long-serving President Soeharto.

"Many of the living witnesses remain silent to this day," she said.

"We have corrected the authoritarian rule with the political reform that led to democratization, which was implemented in the direct election for the president and the vice president and the adoption of the law on a government that is free from corruption, nepotism, and collusion."

What happened at the Constitutional Court was a reminder that "manipulative practices" to modify the rule of law for individual interests could repeat when those in power are in conflict with the truth and conscience, Megawati said in an apparent reference to the court verdict that assures Gibran's eligibility as a candidate.

"Fabrication in our justice system should never happen again. The justice system must serve as the tool to defend the truth, deliver justice, and protect all the Indonesian people," she said.

Source: https://jakartaglobe.id/news/megawati-criticizes-fabrication-ruling-by-constitutional-cour

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