Legal Literacy - This article discusses the concept and importance of dissenting opinion in the context of the Constitutional Court's decision on the 2024 Indonesian Presidential Election results dispute. By presenting the opinions of legal experts, this article explores the meaning and role of dissenting opinions as a means of expressing minority views, which supports freedom of opinion and judicial independence. This article also explains how dissenting opinions, although not affecting the final decision, play an important role in the development of law and encourage rich and in-depth discussions about legal issues in the future.
Constitutional Court Decision on the 2024 Presidential Election Results Dispute
On Monday (22/4/2024), the Constitutional Court read out its decision on the 2024 presidential election results dispute. There were 3 Constitutional Court justices who expressed dissenting opinions, including Constitutional Justice Saldi Isra, Constitutional Justice Enny Nurbaningsih, and Constitutional Justice Arief HidayatHowever, this dissenting opinion does not affect the Constitutional Court's decision, which is final and binding. This is in accordance with the provisions stipulated in Article 10 of the Constitutional Court Law.
Definition of Dissenting Opinion
According to Black's Law Dictionary 9th Edition, the definition of dissenting opinion is: The opinion of one or more judges who disagree with the decision taken by the majority. Often shortened to dissent. Also called minority opinion.
Definition of Dissenting Opinion according to several experts:
According to John Doe, Professor of Law and Constitutional Expert, a dissenting opinion is an integral component of a democratic judicial system. It allows for the expression of minority views and encourages constructive criticism of majority decisions.
According to Dr. Jane Smith, a Law Lecturer and Author of a Book on Legal Ethics, a dissenting opinion is a manifestation of critical thinking and healthy opposition within the court. It can also trigger substantial academic debate and provide alternative views for law enforcement in the future.
According to Bagir Manan in his writing entitled "Dissenting Opinion in the Indonesian Judicial System" published in the Varia Peradilan Law Magazine No. 253 (Vol. XXI, 2016), a Dissenting Opinion is an institution that justifies the difference of opinion of a Judge (minority) on a court decision.
According to Pontang Moerad, a Dissenting Opinion is an opinion made by one or more members of a panel of judges who disagree with the decision taken by the majority of the members of the panel of judges.
According to Sartika Dewi Lestari, a Dissenting opinion is also a difference of opinion between judges.
According to Artidjo Alkostar, a Dissenting Opinion is a difference of opinion between judges.
It can be concluded that a Dissenting opinion is a different opinion from the majority or the opinion of a judge that differs in a decision. Starting from legal facts, legal considerations, to the verdict which is a manifestation of critical thinking and healthy opposition in court.
The Importance of Dissenting Opinion
Dissenting opinions have several important functions in the judicial system, namely:
- Presenting Alternative Perspectives: Dissenting opinions provide a platform for judges who disagree with the majority to express their views. This allows for diverse opinions and thoughts in the decision-making process.
- Protecting the Principle of Legal Leadership: Dissenting opinions also help maintain the principle of separation of powers and judicial independence. By providing space for minority views, the judicial system affirms that decisions are not always absolute and can be debated.
- Facilitating Legal Development: Sometimes, dissenting opinions become the basis for changes in the law in the future. Although it may not be considered the majority at the time, the minority view in a case can be the foundation for more advanced legal development in the future.
The Meaning of Dissenting Opinion in the 2024 Presidential Election Results Dispute
Three Constitutional Court (MK) Justices held a different opinion or dissenting opinion from the other five MK Justices. The dissenting opinion concerned the MK's decision to reject all petitions for the 2024 Presidential Election Results Dispute (PHPU). Nevertheless, there were 3 MK Justices who expressed a dissenting opinion or difference of opinion. This dissenting opinion does not affect the MK's decision, which is final and binding. The MK's decision is final and binding, as stipulated in Article 10 of the MK Law. However, it is still included in the decision as an inseparable part thereof.
In the context of the case history 2024 Presidential Election Results Dispute (PHPU), this dissenting opinion becomes a historical record because it is the first time it has happened. Previously, the MK prohibited dissenting opinions because judges would usually deliberate to determine a decision. However, in this case, a dissenting opinion emerged because the voices of the constitutional justices could not be united, creating a new history regarding election disputes in the MK. Dissenting opinions still have an important role in enriching legal discussions and maintaining judicial independence.
Thus, the dissenting opinion in the 2024 Presidential Election decision is a manifestation of the freedom of judges in making decisions, and plays an important role in enriching legal discussions and maintaining judicial independence.
References
- Article 14 of Law Number 48 of 2009 concerning Judicial Power.
- Anindya Milagsita, What is a Dissenting Opinion in a Constitutional Court Decision Hearing? Here is the Explanation, https://www.detik.com/jateng/hukum-dan-kriminal/d-7305619/aapa-itu-dissenting-opinion-dalam-sidang-putusan-mk-ini-penjelasannya, accessed on Tuesday, April 23, 2024
- Zubaidah, Freedom of Judges in a Decision (Interpreting Dissenting Opinion), https://www.pa-marabahan.go.id/en/artikel-tentang-hukum/644-kebebasan-hakim-dalam-sebuah-putusan-memaknai-dissenting-opinion.html, accessed on Tuesday, April 23, 2024
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