Catatan Dr. Suriyanto. Pd *)
Jurnaltipikor.com–Perdebatan permasalah hukum yang terjadi di MK hingga kini belum juga mendapat jalan terang dalam penyelesaian putusan MK tentang usia capres dan cawapres yang menuai kegaduhan publik hingga media asing menyorotinya.
Berbagai pendapat para ahli hukum baik dari akademisi sampai praktisi juga belum juga menjadi solusi.
Jelas dan terang hukum Indonesia yang masih menganut Yurisprudensi, yang mana putusan sebelum nya menjadi rujukan dan pertimbangan hakim selanjutnya pada pokok perkara yang sama atau hampir sama dalam memutus satu perkara.
Ada yang berpendapat bahwa putusan MK final dan mengikat sekalipun hakim atau ketua MK bermasalah hukum, baik melanggar etika ataupun tersangkut perkara pidana, putusan MK tersebut dapat dijalankan. Pendapat ini sangatlah benar tetapi bukan untuk putusan MK dalam menambah norma baru, yang dapat dijalankan adalah putusan yang terkait kewenangan MK yaitu ; tentang pengujian materi UU yang bertentangan dengan UUD 1945, menyelesaikan sengketa antar lembaga negara/pemerintah, menyelesaikan sengketa pemilu dan pembubaran partai politik.
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“Hal Ikhwal mengenai putusan MK Nomor
90/PUU-XXI/2023 tentang usia capres dan cawapres ini berbeda, pada putusan ini terjadi penambahan frasa,
” Berusia minimal 40 tahun atau pernah/sedang menjabat jabatan yang dipilih melalui termasuk pilkada” Penambahan frasa ini harusnya menjadi tugas DPR di prolegnas sebagai open policy publik bukan kewenangan MK.
Para Ahli hukum dan praktisi harus satu suara merujuk pada putusan MK Nomor 22/PUU-XI/2017 tentang pengujian UU perkawinan yang menaikan usia pada kaum perempuan menjadi 19 tahun, yang termuat pada putusan MK tersebut dan MK memberikan batas waktu tiga tahun kepada pembentuk UU untuk merevisi UU perkawinan tersebut sesuai putusan yang di putus oleh MK.
Putusan MK Nomor 22/PUU-XV/2017 seharusnya menjadi rujukan oleh MK dalam memutus perkara Nomor 90/PUU-XXI/2023 ini, setelah di putus kembalikan kepada lembaga pembentukan UU untuk merubah menambah frasa yang sangat diskiriminasi dan mencederai demokrasi tersebut, untuk menyesuaikan kebutuhan hukum di masyarakat khusunya generasi muda, TNI, Polri, PNS dan praktisi lainnya, apakah penambahan frasa tersebut sudah sesuai atau belum hal inikan harus di bahas di prolegnas agar tidak menimbulkan gempa Hukum seperti saat ini.
Jika merujuk pada tiga putusan sebelumnya yang sama gugatan nya tentang usia capres dan cawapres hanya sedikit ada perbedaan materi, maka putusan Nomor 90/PUU-XXI/2023 maka harus sama ditolak bukan diterima sebagian.
Semua pihak harus sepakat dan sepaham bahwa MK telah mencederai Hukum Indonesia dan Konstitusi mengapa hal ini jadi berlarut-larut sekalipun ada kepentingan raja dan anak raja, Hukum adalah panglima tertinggi jang semua jadi larut dalam kesalahan.
“Kita semua harus ingat dan sadar Bahwa, Keselamatan Rakyat Indonesia Merupakan Hukum Tertinggi.
(Salus Populi Suprema Lex) jadi hukum itu bukan kepentingan raja atau anak raja ingat Hukum Allah mari kita bicara kebenaran Hukum, jangan bicara Pembenaran Hukum untuk kepentingan politik dinasti.
*) Praktisi Hukum/Akademisi.
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