JAKARTA — The Indonesian Election Commission (KPU) RI responds to the controversy over the nomination of President Joko Widodo's son Gibran Rakabuming Raka as vice president after the Honorary Assembly of the Constitutional Court (MKMK) concluded many ethical violations in the decision of MK number 90/PUU-XXI/2023 regarding minimum age limits for candidates and vice presidents. The Commission confirmed that Gibran's nomination was administratively valid.

Commissioner of KPU RI Idham Holik said that his party has revised the Commission Regulation (PKPU) on Nomination of President and Vice President in accordance with the ruling of the Court number 90, that is, the regional head can become vice president or vice president even if he is not yet 40 years old. Idham said that the ruling number 90 is still valid until now because it was not annulled by the MKMK ruling. “After the MKMK resolution, until now there is no annulment of the Court's ruling number 90/PUU-XXI/2023,” he said, in Jakarta, Wednesday (8/11/2023).

Therefore, said Idham, the PKPU on Presidential and Vice Presidential Nominations is valid. The Commission used the regulation as the basis for verifying the conditions for the candidacy of three would-be presidential candidates, including the candidacy of Gibran, who is now 36 years old. Based on the verification results, Idham said, Gibran had qualified status as vice president. Prabowo Subianto who run as presidential candidates coupled with Gibran is also qualified. Also deemed qualified is another candidates Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD.

“Today, all the administrative documents of the candidature of the candidate and the future vice president based on the results of the administrative verification have been declared eligible,” said the coordinator of the Technical Division of Election Organization of KPU RI.

When asked for his assertion that Gibran's nomination remained valid despite Court 90's ruling that it violated the code of conduct, Idham said yes. “(Gibran) is already qualified and it remains to wait to be set,” he said.

Idham said that the future presidential candidates Prabowo Subianto-Gibran, Anies-Muhaimin, and Ganjar-Mahfud will be designated as vice presidential running mates for the 2024 presidential election on Monday (13/11/2023). The next day, the Commission will hold a drawing of the serial numbers of the vice-presidential couple.

MKMK read the verdict on the case of violation of the code of conduct of former MK chairman Anwar Usman at the MK Building, Jakarta, Tuesday (7/11/2023) afternoon. MKMK stated Anwar was shown to have committed a gross violation of the Code of Ethics and Conduct of Constitutional Judges.

MKMK Chairman Jimly Asshiddiqie said that Anwar was proven to violate Sapta Karsa Hutama Principle of Impartiality of Application of number 5 letter b and Principle of Integrity of Application of number 2 because he was involved in making the decision of the Court of Justice in Case Number 90/PUU-XXI/2023.

The Impartiality Principle of Application of paragraph 5 (b) reads, in essence, prohibiting constitutional judges from engaging in the examination of cases in which members of his family have a direct interest in the ruling. As for Gibran is Anwar's nephew.

Jimly added that Anwar was also shown to have violated Sapta Karsa Hutama Principles of Independence of Application of numbers 1,2, and 3 for deliberately opening the room for outside intervention in the decision-making process of case number 90.

Because of this, a number of sanctions were imposed on Anwar. One of them sanctioned dismissal from the post of chairman of the Court. That is, Anwar simply lost the post of chairman, but still served as constitutional judge.

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