meeting 9

Headline : The Court's Decision Examination Forum at DPD RI: The Quality of the Court's Analysis is Decreasing

Byline : on the Election, which was held by the DPD RI Legal Studies Center at the 8th Floor Nusantara III Building, Parliament Complex, Senayan, Jakarta, Thursday (14/7/2022).

Lead : Examiners were present, Professor Emeritus of Philosophy at Gadjah Mada University Prof. Kaelan, Professor of Constitutional Law at Muhammadiyah University of Surakarta who was also Chairman of the Judicial Commission for the 2016-2018 Period Prof Aidul Fitriciada Azhari, as well as legal counsel for DPD RI and PBB Prof Denny Indrayana.

Quotation : This is a form of lack of capacity for constitutional analysis and analysis of people's sovereignty and class or economic analysis of the Constitutional Court Justices.  Because it goes directly into the system.  So the decision becomes causality.  Even though judges are lawmakers and follow developments in society

Summary : According to Prof. Denny, the nominee and election should be a unified process, but with a threshold, the nominees are already limited by political parties, and then given to the people to be elected through election.

The Constitutional Court should look at it with a substantive approach, not a normative one.

Interestingly, Prof. Kaelan said that actually what was given to the people to be elected in the presidential election was not the people's choice, but the choice of the General Chair of the Political Party.

Therefore, continued Prof. Kaelan, the sovereignty of the people no longer exists, because this country has left the state of the Proclamation of August 17, 1945, and replaced it with a new constitution in 1999 to 2002 ago.