Irman Gusman 'Proceeds' To Become A Candidate For The 2024 General Election After Winning The Administrative Court, Former Constitutional Court Judge Responds Like This

Screenshot of former Constitutional Court Justice Maruarar Siahaan gave a response regarding the polemic of Irman Gusman's candidacy which was monitored virtually in Padang, Monday, (8/1/2024). BETWEEN/Muhammad Zulfikar.

PADANG - Former Constitutional Court Judge Maruarar Siahaan also responded to the polemic of the nomination of former Chairman of the Indonesian Regional Representative Council (DPD) Irman Gusman, who was previously crossed out by the General Elections Commission as a participant in the 2024 General Election. "When the main sentence has been determined, namely the three-year waiting period, it is a concrete law drawn from the abstract law that was in effect at that time," said Maruarar Siahaan at a webinar entitled "The Court's Decision versus Law Regulations" which was followed in Padang, Antara, Monday, January 8. The Jakarta State Administrative Court (PTUN) granted Irman Gusman's lawsuit and ordered the KPU to re-include the name of the former chairman of the DPD RI to the 2024 Election Permanent Candidate List (DCT). Maruarar explained that after Irman Gusman was registered on the DPD RI Temporary Candidate List (DCS), verification of incoming complaints should not be carried out on a new legal basis. "This is what the law says should not be retroactive (reacted)," he asserted. If this is still done, Maruarar thinks that the KPU has made a mistake because it implements a retroactive or retroactive law. On the one hand, related parties may be wrong in understanding retroactive and prospective meanings. However, for something that is strictly regulated based on concrete norms and down from abstract and general norms, it is constitutional. "In the case of Irman Gusman, the Indonesian KPU should refer to the three-year waiting period," he explained. "If Pak Irman has passed the three-year sentence, then there should be no change in norm treatment despite protests," added Maruarar. According to him, these problems arise due to conflicts of norms not being resolved with the right principles of derogacy. On December 19, 2023, the Jakarta Administrative Court issued a verdict. In the decision, there were four main disputes, including granting the plaintiff's claim (Irman Gusman) in its entirety, stating the KPU's decision No. 1563 of 2023 concerning DCT DPD members in the 2024 General Election.

Ordered the defendant (KPU) to revoke KPU's decision Number 1563 of 2023 concerning DCT for DPD members of the 2024 General Election, ordering the defendant to issue a decision regarding the determination of the plaintiff as a permanent candidate for DPD members of the West Sumatra Provincial Election.