The Prabowo-Gibran Camp believes that the Petitioners Dispute the Presidential Election Results for Not Complying with Procedural Laws
The Prabowo-Gibran camp believes that the applicant filed a lawsuit based on allegations of election fraud which is not within the purview of the Constitutional Court.
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By
PRAYOGI DWI SULISTYO
·4 minutes read
JAKARTA, KOMPAS — The camp of presidential and vice presidential candidates Prabowo Subianto-Gibran Rakabuming Raka assessed the petitioners in the dispute over the results of the presidential and deputy elections the president did not comply with the procedural laws regulated by the Election Law. They considered that this case was related to a dispute over election results and not an issue of election fraud.
This was conveyed by Prabowo-Gibran's attorney after submitting his conclusions to the Constitutional Court (MK) in Jakarta, Tuesday (16/4/2024). Apart from the Prabowo-Gibran camp, the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) also presented their conclusions. Previously, the camps of presidential and vice presidential candidates Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD had also presented their conclusions.
The legal counsel for Prabowo-Gibran, Otto Hasibuan, stated that after the course of this case arrived at a conclusion, he obtained one thing that is clear and certain, that this case is related to a dispute over the election results. Therefore, the matter that should be questioned according to procedural law is regarding the vote count results of each presidential and vice-presidential candidate pairs.
"So, according to the legal procedure, what should be questioned is how many actual votes were obtained by 03 (Ganjar-Mahfud) and 01 (Anies-Muhaimin), and which KPU calculation of the votes was incorrect. That is actually the essence of this matter," said Otto.
Otto explained that the applicants are actually not interested in following the legal procedures that have been regulated in the Election Law, related to vote counting. Instead, the applicants filed a lawsuit based on allegations of cheating by the Prabowo-Gibran pair, and are seeking disqualification.
According to Otto, there are two crossroads in this matter. The due process of law cannot be violated. The issue of fraud in the election is not within the jurisdiction of the Constitutional Court, but rather the Election Supervisory Agency (Bawaslu). On the other hand, there is no evidence of fraud against the Prabowo-Gibran camp.
According to legal procedures, what should be questioned is how many votes were actually obtained by both 03 and 01, and which calculation of votes by the KPU is incorrect. That is the real issue in this matter.
KPU member, Mochammad Afifuddin, said that they have concluded that all the arguments and facts presented by the petitioner in the trial were not proven. Therefore, KPU, through its conclusion, requested the constitutional court to reject all the petitioner's requests.
The KPU requests that KPU Decree Number 360 of 2024 concerning the Determination of the Results of the Election for President and Vice President, Members of the DPR, DPD, Provincial DPRD and Regency/City DPRD Nationally in 2024 Election be the object of the presidential election dispute remains valid.
In this opportunity, the Election Commission also provided additional evidence in the form of Form D. Special Incidents at the district level throughout Indonesia. The evidence was requested by one of the judges during the last hearing.
KPU member, Idham Holik, added that the organization of elections - especially the voting, counting, recapitulation, and determination of election results - has been carried out in accordance with the legal regulations, especially the Election Law.
Therefore, according to Idham, the requests of the applicants are believed to not change the decision of the KPU regarding the declaration of election results.
Apart from the KPU, Bawaslu has also submitted its conclusions. However, Bawaslu did not wish to provide information to journalists.
The spokesperson of the Constitutional Court, Fajar Laksono Suroso, stated that all parties, including the Election Supervisory Board, have presented their conclusions. Until April 21, 2024, a judge's consultation meeting (RPH) is scheduled every day to discuss the presidential election case.
The verdict is still scheduled for April 22, 2024. "Whatever is discussed in the hearing will be reflected in the verdict," said Fajar.
Fajar said that the judge made his decision based on the facts revealed in the trial, evidence and the judge's beliefs. The amicus curiae or friend of the court files submitted to the Constitutional Court are also material for consideration by the panel of judges. The judge will read all the files and examine the evidence.
In a written statement, former Deputy Minister of Law and Human Rights Denny Indrayana believes that the Constitutional Court (MK) will not reject the petition. This is because the petitions from the Anies-Muhaimin and Ganjar-Mahfud camps meet formal requirements to be decided on the substance of the petition.
Denny predicts that the Constitutional Court will make a decision among four options. First, the Court rejects all requests, then provides notes and suggestions for improving the presidential election. Considering the legal political situation in Indonesia, he believes that this option is very likely to become a reality.
Secondly, the Constitutional Court approved all requests. Thirdly, the Constitutional Court approved some requests, namely disqualifying Gibran. Fourthly, the Constitutional Court approved some requests, namely cancelling Gibran's victory and only inaugurating Prabowo.
"I predict that the Constitutional Court does not yet have the support of evidence and courage to make a decision outside of the first option, which is to reject all requests and only provide notes for improving the implementation of the 2024 Presidential Election," said Denny.
Editor:
CYPRIANUS ANTO SAPTOWALYONO
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