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Constitutionalism and the visage of our democracy
Looking at the series of disturbing events and observing the latest political moves, there have been efforts to concentrate power on the part of the President, which impact on the gradual erosion of constitutional democratic norms.
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Age talks: Constitutional Court Chief Justice Anwar Usman (right) speaks with his deputy Saldi Isra on Oct. 23, 2023 during a hearing to read out the court’s decision on a judicial review motion to ask for a maximum age for presidential and vice presidential candidates. (Antara/Indrianto Eko Suwarso)
T
he Constitutional Court’s decision to clear the legal obstacles for Surakarta Mayor Gibran Rakabuming Raka, who is the eldest son of President Joko “Jokowi” Widodo, to run for vice president in the 2024 presidential election, reflects few ethical standards within the law.
Instead, it mirrors realpolitik, where practical considerations, realistic needs and power come first. Bivitri Susanti, in a political analysis entitled "Politicization of the Constitutional Court" (Kompas, Oct. 19, 2023), emphasized that for politicians, the position of the Constitutional Court in the constitutional design makes it easier for political piracy to emerge so that conquering the Constitutional Court is a strategic way to achieve power.
This incident correlates with the design of intervention in the implementation of electoral affairs, as President Jokowi himself admitted some time ago. If we sequence the crucial political and legal events from 2022 to 2023, we can find systemic disturbances in the life of our constitutional democracy ahead of the 2024 elections.
It started when the discourse emerged on an amendment to the 1945 Constitution to extend the tenure of the President from currently two five-year terms to three, also the discourse on an amendment to justify the postponement of the general election in the event of a crisis. Then, civil society groups warned of a potential conflict of interest that arose when the Constitutional Court Chief Justice Anwar Usman tied the knot with President Jokowi’s sister.
Following this, political maneuvering in the House of Representatives resulted in the dismissal of Constitutional Court justice Aswanto because he often backed the court’s rulings declaring key House legislative products, including the Job Creation Law, unconstitutional.
Lastly, the Central Jakarta District Court decided to postpone the election to 2025, even though later on the Jakarta High Court overturned this decision.
Looking at the series of disturbing events and observing the latest political moves, there have been efforts to concentrate power on the part of the President, which impact on the gradual erosion of constitutional democratic norms.
