By: Nailah Arrum Tsabita*
Oerban.com – Indonesia is a large nation consisting of various tribes, race and religion, Of course you are familiar with the words "giving an opinion". This sentence seems to be the key to the unity and unity of the Indonesian nation to this day so that it is not divided.
Some time ago, We are warmed by the news of the trial held by the Constitutional Court regarding this year's election dispute. Namely, there was a moment where three judges of the Constitutional Court, namely Saldi Isra, Enny Nurbaningsih, and Arief Hidayat stated dissenting opinion or differences of opinion. This has become a hot topic discussed by several netizens, where this case is also the first time in the history of a Presidential PHPU case at the Constitutional Court..
Dissenting opinion itself is a different opinion from the majority or a different judge's opinion in a decision. Starting from the legal facts, legal considerations, until the verdict is different. According to Art 45 sentence (10) UU No. 24 Year 2003 regarding the Constitutional Court, dissenting opinion This is in the event that a unanimous decision is not reached, The opinions of different members of the Panel of Judges are included in the decision.
In the context of the Constitutional Court decision (MK) dissenting opinion is a form of moral accountability for constitutional judges who have different opinions and a form of transparency so that the public knows all the legal considerations of the Constitutional Court's decision.. There is dissenting opinion This does not affect the legal strength of the Constitutional Court's decision.
Likewise in the judiciary within the Supreme Court (MA), dissenting opinion does not affect the court's decision. This is because decisions are taken based on deliberation, and if a unanimous consensus is not reached, then different opinions are included in the decision. In other words, The decision is determined by majority/most votes.
According to Mahfud MD, who previously served as Chief Justice of the Constitutional Court for a period 2008-2013 say, “Deciding on the new presidential election dispute today there is a dissenting opinion. Since then there can't be dissenting opinion, because usually the judge deliberates because it concerns someone's position, then this should be the same. Mashed until the same. Well maybe this can't be the same. There are historical records."
Dissenting opinion itself has several benefits in the Constitutional Court trial process, namely encouraging judges to be able to consider all decisions appropriately and wisely to produce more mature and quality decisions. Then, dissenting opinion help and give space to minority voices, so that the trial is not dominated by the majority vote alone.
Philosophy exists dissenting opinion is to provide accountability to people seeking justice (justiabelen) from the judges who decide the case. Settlement of bankruptcy cases must be resolved by judges in the form of a panel so that in the final decision there is no possibility of differences of opinion between the panel of judges.. Juridically if there is a difference of opinion, then the decision is taken based on the majority vote. This sometimes results in judges who have high integrity losing out voting, so that for this reason a means is provided to express differences of opinion accompanied by juridical arguments and is an integral part of the judge's decision. For society, dissenting opinion this is important to monitor the judge's considerations in dealing with matters.
As is dissenting opinion among MK judges, proves that there are still three judges who truly show their statesmanship. There is still hope that the Indonesian nation can still progress and escape the trap of dirty political games that have never ended in the current digital era.. In a sea of majority who seem deaf to minority opinions, dissenting opinion present to help and elevate the voices of minorities who should also be considered. Majority does not mean right and minority does not mean wrong. The community and all groups have the right to speak, regardless of differing opinions.
*The author is a Government Science student at Jambi University.
