The Perceived Importance of the Constitutional Court and the President: How Does Public Trust in Both Compare?

The Constitutional Court (MK) granted a lawsuit, case number 90/PUU-XXI/2023, concerning the age limit for presidential and vice-presidential candidates in Law Number 7/2017 on Elections on Monday (16/10/2023).

The ruling allows presidential and vice-presidential candidates to run even if they are under 40 years old, provided they have been elected and served as regional heads such as governors, mayors, or as members of the DPR (House of Representatives).

This decision is controversial and considered dangerous because the MK is perceived as having changed its stance based on self-interest. In a discussion forum at Gadjah Mada University (UGM), a legal expert from the university, Zainal Arifin Mochtar, noted that a previous lawsuit was rejected, while this new lawsuit, filed on September 13, 2023, was immediately accepted.

The decision was delivered by the Chief Justice of the MK, Anwar Usman. Anwar is the husband of President Joko Widodo's (Jokowi) younger sister. The decision, approved by Anwar, is seen as paving the way for Gibran Rakabuming Raka, Jokowi's son, to run in the 2024 Presidential Election alongside Prabowo Subianto.

"From the beginning, he said he didn't want to make a decision because of a conflict of interest, but he was involved in this decision," said Zainal, as quoted from UGM's official website on Monday (23/10/2023).

Zainal believes the MK and its rulings were established to accommodate political issues to be resolved legally. However, he argues that the current situation is the opposite. The newly approved ruling shows that the MK is heavily influenced by politics.

(Read also: Judges of the Constitutional Court Differ in Opinion on the Ruling of Minimum Age for Presidential and Vice-Presidential Candidates)

Separately, Anwar Usman denied allegations of a conflict of interest in deciding the case on the minimum age limit for presidential and vice-presidential candidates.

Quoting Tempo.co, Anwar claims to have always upheld the oath he took as a judge in making decisions.

"I uphold my oath as a judge, uphold the mandate in the constitution, in the basic law, uphold the trust that exists in the Quran," said Anwar at the Constitutional Court, Jalan Medan Merdeka, Gambir, Central Jakarta, Monday (23/10/2023).

Amidst the controversy, the Indonesian Survey Institute (LSI) conducted a survey on public trust in institutions from October 16-18, 2023, after the MK's decision.

The results show that the president ranks second as the most trusted institution with a total trust of 76%. The breakdown is 27% very trustworthy; 49% fairly trustworthy. Additionally, 16% are less trustworthy; 6% not trustworthy at all; and 3% don't know or didn't answer (TT/TJ).

However, this score is down from the LSI survey in August 2023, although the president remained in second place. The trust score reached 89% with a breakdown of 18% very trustworthy; 71% fairly trustworthy. There were also 10% less trustworthy; 0% not trustworthy at all; 1% TT/TJ.

Just below the president is the MK as the most trusted institution in October 2023 with a total trust of 64%, namely 13% very trustworthy; 51% fairly trustworthy. Additionally, 20% are less trustworthy; 11% not trustworthy at all; 5% TT/TJ. In August 2023, there was no MK option in the LSI survey.

Meanwhile, the TNI (Indonesian National Armed Forces) ranked first with a total trust of 80% in October 2023. The breakdown is 28% very trustworthy; 52% fairly trustworthy; 12% less trustworthy; 3% not trustworthy at all; 4% TT/TJ.

This survey involved 1,229 respondents aged 17 years and older or already married and owning a telephone/cellular phone, approximately 83% of the total national population.

The sample was taken using a random digit dialing (RDD) technique, validated and screened.

Data collection was conducted from October 16-18, 2023, using telephone interview methods. This survey has a margin of error of approximately 2.9% and a confidence level of 95%, assuming simple random sampling.

(Read also: Prabowo-Gibran Most Chosen After MK Decision in LSI Survey)