Constitutional law expert Bivitri Susanti explained that the reading of a legal norm cannot simply be a text or a literal text. There is an interpretation which is systematic or which must be seen in its larger and historical context.
“Article 7 is in fact the original intention, clearly limiting the power because when article 7 was included in our amendments in the post-reform context, in 1998, the MPR decree was issued which directly limited the powers of the president and the vice president, so the idea is that the limitation of power should not be twisted. Again, if you are president, you can be vice president,” he said in a message. voice, Friday (16/9/2022).
According to him, when reading article 7, one should pay attention to article 8, paragraph 1, of the 1945 Constitution of the Republic of Indonesia which stipulates that if the president dies, resigns, is removed from office functions or is unable to fulfill his obligations during his term of office, he is replaced by the vice-president until the end of his term.
“That means if the former president becomes vice president and then the president dies, that means the vice president can’t be president anymore because he was president twice, which means there’s a conflict,” Bivitri said.
Bivitri said there was an error in reading the 7th article. Moreover, it would be unethical for Jokowi to run for vice president.
“Does a Jokowi not feel like his position is stepping back, so seeking the post of vice president decreases the quality and is very impressed with the feeling of seeking a position, so of course it’s unethical,” he said.
“There should be no further need to discuss this, so we suggest that this issue not be overbroad as it is unethical, unconstitutional and reduces the quality of Jokowi’s president himself,” Bivitri said.
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