Chairman of the National Awakening Party faction of the Indonesian House of Representatives Jazilul Fawaid, questioned the authority of the Constitutional Court (MK) in issuing a decision that also regulates the normativeization of a law.
"If he is a guard, then he doesn't need to regulate . This is a guard (of the constitution), but he participates in regulating . In fact, he calls himself the guardian of the constitution . He is the guardian of the constitution, the Constitutional Court. So, why are there so many decisions that are not just guarding? He also participates in regulating . New norms are made," said Gus Jazil, as he is familiarly called.
This was conveyed in a discussion by the PKB faction of the Indonesian House of Representatives regarding the Constitutional Court's decision to separate national elections and local elections entitled "Election Design Projections Post-Constitutional Court Decision" at the Parliament Complex, Senayan, Jakarta, Friday.
Gus Jazil assessed that the Constitutional Court's decision, which also included normative measures, had the potential to trigger public controversy, as with a number of Constitutional Court decisions issued by the Constitutional Court in recent times.
Because, he said, the Constitutional Court through its decisions acts as a negative legislator and implements an open legal policy , and its decisions are final and binding .
"I'm not saying that (the decision) is final and binding and then we don't recognize it, but it's controversial, and it emerged in the Court where the decision can no longer be appealed, it's final, but controversial," he said.
He also viewed that the Constitutional Court's decision often changed the election design and related regulations. Starting from changing the age provisions for presidential and vice presidential candidates to removing the presidential threshold provision to zero percent.
