2024-09-09 14:04:10
Friday, September 06, 2024 – 17:38 WIB
Professor of Constitutional Law at the Muhammadiyah University of Jakarta (UMJ), Prof. Zainal Arifin Hoesein, testifying at the trial. Doc: source for JPNN.
jpnn.comJAKARTA – Professor of Constitutional Law at the Muhammadiyah University of Jakarta (UMJ), Prof. Zainal Arifin Hoesein said that the General Elections Commission (KPU) may not consult the Constitutional Court (MK) decision Number 90/PUU-XXI/2023 to the DPR.
“When a certain condition or situation occurs, then the consultation can be carried out or cannot be carried out, this person (DPR) is on recess,” said Prof. Zainal Arifin Husein at the Jakarta State Administrative Court (PTUN) on Thursday, (5/9).
Zainal as an expert witness in constitutional law presented by the legal team of the Prabowo-Gibran intervention party in the alleged unlawful case Number: 133/G/TF/PTUN. JKT filed by PDIP against the KPU explained that not being consulted on the Constitutional Court’s decision to change the PKPU was not a legal issue.
“The consultation is consultative in nature and does not produce a decision. Therefore, it is not a legal issue, it is ethics between institutions,” he said in response to a question from one of PDIP’s legal counsel, Alvon Kurnia Palma.
One of Prabowo Subianto-Gibran Rakabuming Raka’s legal counsel, Otto Hasibuan, said that the expert witness had explained the issue that PDIP was questioning regarding Gibran’s nomination in the presidential election yesterday.
“In essence (the expert witness) said that because the Constitutional Court’s decision was erga omnes and self-executing, so actually there was no problem,” he said.
According to the statement of expert witness Zainal Arifin Hosein, said Otto, political parties no longer have the right to file lawsuits because Prabowo-Gibran have been appointed as presidential and vice presidential candidates (capres-cawapres).
“Moreover, it has been declared that he has won, so the political party no longer has the right to submit the decision,” he said.
Legal expert from UMJ, Prof. Zainal Arifin, said that the KPU may not consult with the DPR regarding the Constitutional Court’s decision.
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