Legal Literacy - This article discusses the concept and importance of dissenting opinions in the context of the Constitutional Court's decision on the dispute over the results of the 2024 Indonesian Presidential Election. 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 support 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 dispute over the results of the 2024 presidential election (pilpres). There were 3 Constitutional Court justices who expressed dissenting opinions, including Constitutional Justice Saldi Isra, Constitutional Justice Enny Nurbaningsih, and Constitutional Justice Arief Hidayat. However, this dissenting opinion did not affect the Constitutional Court's decision, which is final and binding. This is in accordance with the provisions of Article 10 of the Constitutional Court Law.

Definition of Dissenting Opinion

According to Black 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 abbreviated to dissent. Also called minority opinion.

Definition of Dissenting Opinion according to several experts:

According to John Doe, Professor of Law and Constitutional Expert, explains that a Dissenting opinion is an integral component in 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, explains that a Dissenting opinion is a manifestation of critical thinking and healthy opposition within the court. It can also spark 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” which was published in the Varia Peradilan Law Magazine No. 253 (Th. Ke XXI, 2016) explains that a Dissenting Opinion is a 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.