22-4-2024 (JAKARTA) In a highly anticipated ruling, the Constitutional Court has dismissed allegations of nepotism leveled against President Joko Widodo (Jokowi) concerning his son’s candidacy for the vice presidency. The court’s verdict, delivered by Judge Daniel Yusmic P Foekh, concluded that the claims put forth by Anies Baswedan and Muhaimin Iskandar (Cak Imin) were unsubstantiated.
Judge Daniel Yusmic P Foekh outlined the petitioners’ contention that President Jokowi’s approval and support for his son, Gibran Rakabuming Raka, to become a vice-presidential candidate constituted a violation. The petitioners cited the MPR Decree No. XI/MPR/1998 on Clean and Corruption-Free State Administration, Law No. 28 of 1999 on State Administration Clean and Free from Corruption, Collusion and Nepotism (UU 28/1999), and Article 282 of the Election Law.
“To substantiate their claim, the related party presented expert testimony from Edward Omar Sharief Hiariej,” Daniel stated during the hearing at the Constitutional Court building in Central Jakarta.
However, the judge explained that the petitioners failed to provide further evidence to support their allegations. He highlighted the crucial distinction that the vice presidency is an elected position chosen by the people, not a directly appointed one.
“Moreover, the vice presidency position in question is filled through an election (elected position) and not a directly appointed position,” Daniel asserted.
He further clarified, “The positions related to the prohibition of nepotism are those that are filled through direct appointment. This means that positions filled through general elections cannot be qualified as nepotism.”
Consequently, the Constitutional Court judge declared that the nepotism allegations raised by the petitioners lacked legal grounds, effectively rejecting their claims.
“The Court is of the opinion that the petitioners’ claims of violations of MPR Decree No. XI/MPR/1998, Law No. 28/1999, and Article 282 of the Election Law are without legal basis,” he concluded.
The court’s ruling effectively dismisses the nepotism allegations, upholding the principle that elected positions, such as the vice presidency, are chosen by the people and do not fall under the purview of nepotism regulations, which primarily concern direct appointments.
