Speaker A
Folks, in the evidentiary hearing for the lawsuit regarding Vice President Gibran Rakabuming's diploma, the petitioner's counsel has requested the Constitutional Court to summon Vice President Gibran to the next session.
Evidentiary hearing on Vice President Gibran Rakabuming's diploma lawsuit with calls for his summons to the Constitutional Court.
Key Takeaways
- Summoning Vice President Gibran to court is seen as an opportunity for transparency and justice.
- The lawsuit reflects deeper political dynamics and possible rifts within the current administration.
- Expert testimonies have been criticized for lacking relevant expertise on the diploma issue.
- Judges face a critical decision balancing legal norms and substantive justice in this politically sensitive case.
- The outcome will influence public perception and the legitimacy of the Vice President’s candidacy.
What the video covers
- The evidentiary hearing concerns a lawsuit challenging Vice President Gibran Rakabuming's diploma validity.
- The petitioner requested the Constitutional Court to summon Gibran to testify in the next session.
- Experts and witnesses were presented by the petitioner, while the KPU appeared as the respondent.
- Constitutional law experts emphasize the importance of Gibran attending to prove his eligibility.
- The case has significant political implications, highlighting tensions between Gibran and Prabowo’s administration.
- Petitioner's experts focused on state administration but lacked expertise on foreign education and diploma specifics.
- The Constitutional Court judges are deliberating on whether to summon Gibran and other key figures.
- There is a division among judges between a positivistic legal approach and a substantive justice approach.
- The hearing is ongoing, with further deliberations planned to address the summons request.
- The case has attracted national and international attention, impacting Indonesia’s political landscape.
Chapters
- 00:00Introduction to the lawsuit and summons request
- 00:25Legal perspective on Gibran's attendance
- 01:05Significance of Gibran proving his eligibility
- 01:48Judicial approaches: positivistic vs substantive justice
- 02:26Political implications and tensions with Prabowo’s administration
- 04:05Hearing details: experts, witnesses, and KPU presence
- 04:41Petitioner's summons request and court deliberation process
- 05:42Criticism of petitioner's expert testimonies
- 06:54Current status and next steps in the hearing
Full Transcript — Download SRT & Markdown
Speaker A
So, what is the dynamic of the lawsuit proceedings regarding the Vice President’s diploma in the Constitutional Court from a constitutional law perspective, and what is its impact on the national political landscape? Here is the review from Executive Director of Indikator Politik Indonesia, Burhanuddin Mukhtadi, and constitutional law expert Juanda: "Yes, in the framework of seeking the truth and upholding justice, I don't think anything is unnecessary, yes."
Speaker A
Especially since this current stage is the evidentiary stage, so if it is an order from the panel of judges, legally and statutorily, he must attend, yes. And I think this is an opportunity for Mas Gibran to prove that he meets the requirements and was in the right position back when he was nominated as, uh, vice president.
Speaker A
"And I think, uh, in my opinion, if I may suggest, Mas Gibran should attend, or at the very least, uh, this is the moment for him to prove to the public, the wider community, and the world, uh, because this has become global consumption, not just Indonesia's.
Speaker A
Uh, I think, uh, it is very appropriate for Mas Gibran to come, show that he is a, uh, statesman, and prove, yes, to the younger generation that what is suspected, what is, uh, what is being talked about out there is proven to be untrue.
Speaker A
I think, uh, it would simultaneously refute, if he wants to refute, the allegations presented by the petitioners. From these two, yes, it will depend later on, uh, how many constitutional judges side with the positivistic approach, and how many side with substantive justice.
Speaker A
Everything, in my opinion, meets the requirements to be, uh, considered. For the positivistic judges. Oh, this means if it is outside the narrative of legal norms, then it is not correct.
Speaker A
But for those who prioritize, uh, the matter of formal narrative, the narrative of legal norms, it is unnecessary if it violates the, uh, constitution, if it violates, uh, justice, or if justice is not fulfilled, or for example, if the previous presidential election was not honest or fair.
Speaker A
Now, this is what it will depend on the judges regarding the battle of evidence and testimony currently being held at the Constitutional Court.
Speaker A
The impact is significant, and we have actually read this, Mas. If we look at, uh, the recent moves and political maneuvers of the, uh, Vice President, they look different from the general style of Mr. Prabowo’s government.
Speaker A
So it seems, uh, Vice President Gibran feels he is not receiving full support from Mr. Prabowo’s administration regarding the case he is currently facing.
Speaker A
So there is a feeling of being used and discarded, and that is what has made Vice President Gibran quite active lately in voicing critical stances toward the MBG program, which is Mr. Prabowo’s flagship program.
Speaker A
Vice President Gibran is carrying out a form of resistance, yes. So it seems he wants to show that when he didn't get full support for the case he's currently facing, he made maneuvers, both quiet and open, to say that Vice President-elect Gibran is different from the mainstream in power.
Speaker A
Om santi santi santi. The Constitutional Court held a follow-up hearing on the lawsuit regarding Vice President-elect Gibran Rakabuming's diploma, moving to the evidentiary stage.
Speaker A
During the hearing, the petitioner presented three experts and one witness to provide their testimonies. The KPU, as the respondent, was also present with its legal team.
Speaker A
The petitioner for the Vice Presidential candidacy requirements case of Gibran Rakabuming in the 2024 Election requested the Constitutional Court to summon Gibran to the trial.
Speaker A
We only thank you everyone. Tomorrow night it will be continued by the assembly. There is one thing, we have submitted a letter requesting to the Chief Justice of the Constitutional Court, Jakarta, September 28th.
Speaker A
A request to summon parties to hear their testimonies during the evidentiary stage. Including Gibran Rakabuming Raka, the Minister of Education, and the Minister of Law. We have submitted the letter and requested it to be considered for them to be summoned. Thank you.
Speaker A
Yes, we have received the letter but it has not been discussed yet. It will be discussed later in a separate deliberation meeting.
Speaker A
So, heavy matters like this must be done in stages, Mr. Bambang. It cannot all be settled at once.
Speaker A
Yes, sir. Yes. Okay, right. Yes, thank you. Thank you. Yes, if Mr. Bambang is already okay with that I am worried it might be forgotten, there was a deliberation meeting but it hasn't been conveyed to it has been discussed but not yet finalized.
Speaker A
Okay. Alright, thank you. In the Wednesday night hearing, Andi Azwan, as the related party, assessed that the statements made by the petitioner's experts focused more on state administration.
Speaker A
There was no elaboration regarding the diploma. Andi added that his side had also posed questions to the petitioner's experts. However, those questions were not answered properly.
Speaker A
Andi asserted that the experts brought by the petitioner were not suitable for the field of expertise required.
Speaker A
In our opinion, what the experts said all focused on state administration, but there were no experts regarding foreign education, which in this case is what they are always questioning: the diploma.
Speaker A
We could see earlier how we asked questions, and I apologize, our questions were not answered as they should have been, more sharply for that purpose.
Speaker A
And if we look at that, the experts were not acting according to their expertise, but rather from their personal perspectives. As I see it now the petitioner is waiting for the Constitutional Court judges to discuss the request letter to have Gibran Rakabuming presented in court.
Topics:Gibran RakabumingConstitutional Courtdiploma lawsuitIndonesian politicsevidentiary hearingVice Presidentlegal expertspolitical impactPrabowo administration2024 Indonesian election
