"Amicus Curiae" Manifests Public Attention Paying Attention to the 2024 Presidential Election Case

"We are not acting on behalf of camps 01, 02, or camp 03, but (we hope for) a decision that is as fair as possible, based on several facts and expert testimony. "So, whatever it is, it is not in the interests of camps 01 and 03, but in the interests of the Indonesian people," said Benny after submitting the amicus curiae document at the Constitutional Court Building, Thursday (18/4/2024).

Spiritual leaders and civil society are concerned about the deteriorating quality of the democratic process. This situation is considered to have an impact on the fate of the nation and the country in the next 10-20 years.

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"The violation with a structured, systematic, and massive nature is when laws have been violated, regulations have been ignored, and ultimately, an extraordinary fraud has occurred. And this is an oppression against the nation and people of Indonesia. It is time for us to speak up," said Benny.

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He also hopes that the Constitutional Court can make the document submitted by amicus curiae one of the points of consideration and can tap the conscience of constitutional judges. The Constitutional Court judges can use common sense and sincere religious ethics, high spirituality, (so) they can decide as fairly as possible for the Indonesian people.

"What's important is that we have conveyed it and it has been mediated (conveyed to the media). We have conveyed those values," said Benny.

Separately, the Driyarkara College of Philosophy (STF) Student Senate also submitted an amicus curiae letter to the MK. Member of the STF Driyarkara Student Senate, Aida Leonardo, said that her party supported the request of Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD.

"In our letter, we support the applicant's request in the case of the Constitutional Court regarding the Presidential and Vice Presidential Election Dispute in 2024. There are three points that we need to raise," said Aida.

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Firstly, the 2024 General Election has revealed the face of the abuse of power committed by President Joko Widodo. This can be seen from the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the requirements for presidential and vice presidential candidates.

Ethical issues

"The second issue is about ethics. Our Professor at STF Driyarkara, Prof Romo (Magnis Suseno), who became one of the expert witnesses in the Constitutional Court trial, has explained several ethical principles that seem to be absent in this year's election," said Aida.

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Thirdly, the STF Driyarkara Student Senate requests the constitutional judiciary to prevent and put a stop to practices of power centralization within the executive institutions.

Our Professor at STF Driyarkara, Prof. Romo (Magnis Suseno), who became one of the expert witnesses in the Constitutional Court trial, has explained several ethical principles that appear to be absent in this year's election.

"We request that the judges restore the trust of the citizens, the trust of us, the people, in the legal institutions of Indonesia. So that there will no longer be division and polarization among the society," said Aida.

MK spokesperson Fajar Laksono Suroso said the MK received 10 applications as amicus curiae from the public on Thursday. In total, there have been 33 amicus curiae documents received by the MK.

"However, the panel of judges has agreed that the amicus curiae that will be considered is the amicus curiae received by the Constitutional Court on April 16 2024 at 16.00 WIB. "A total of 14 amicus curiae will be considered by the panel of judges," said Fajar.

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According to Fajar, this is in line with the deadline for submitting conclusions from the applicant, respondent, related parties and the General Election Supervisory Body. However, he confirmed that the Constitutional Court would still accept amicus curiae petitions submitted after April 16 2024.

Currently, constitutional judges are holding a judges' consultation meeting (RPH) to carefully examine every witness testimony and evidence presented during the trial and formulate a verdict. The verdict announcement session is scheduled for April 22, 2024.

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Fajar said that so far the submission of an amicus curiae in the 2024 presidential election dispute is the largest in the time the Constitutional Court has handled the results of the presidential-vice presidential election. This shows that there is public attention or the wider community who are monitoring the case being heard by the Constitutional Court.

"As far as I remember, there were no presidential elections in 2004, 2009, 2014, 2019. Maybe this is a different political situation than before. It is also possible that the applicant's arguments, which are more qualitative in nature, could have an influence. "Or, there is public attention to the case being tried by the MK so that the amicus curiae is called upon to be submitted to the MK," said Fajar.

Based on data collected by the MK, there were 10 amicus curiae documents submitted to the MK on Thursday (18/4/2024). The document was submitted by General (Ret.) TNI Tyasno Sudarto, Lieutenant General (Ret.) TNI Soeharto, Dindin S Maolani, Rizal Fadillah, Marwan Batubara, Major General (Ret.) TNI Soenarko, M Mursalin, Syafril Sjofyan, Impian Indonesia, clergy and civil society, Arief Poyuono, and Arifin Nur Cahyono.

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Next, the Student Senate of STF Driyarkara, the Concern Forum of Retired High-Ranking TNI-Polri Officials, JB Soebtoro, Henry Sitanggang and Partners, Sutarno and Wisran, and the 98 Reform Activists.

Previously, the Constitutional Court had also received 23 amicus curiaesubmitted by the Truth Front for Democracy (Brawijaya), the Indonesian Democracy Defense Team (TPDI), TOP GUN, the Alliance of Academics and Civil Society, the Center for Legal Studies and Social Justice FH UGM, Pandji R Hadinoto, Busyro Muqoddas, Saut Situmorang, Feri Amsari. Usman Hamid, Abraham Samad, and others.

Next is the amicus curiae file from UGM-Unpad-Undip-Universitas Airlangga; Megawati Soekarnoputri; and the Indonesian Young Advocates Forum (FAMI).

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Then, there is the Indonesian Constitutional Rights Advocacy Foundation (YAKIN), the Indonesian Democracy Enforcement Alliance (APDI), Stefanus Hendriyanto, the Honest and Fair Election Love Community (KCP-Jurdil), the Indonesian American Lawyer Association (IALA), Reza Indragiri Amriel, and the Indonesian People's Movement for Change and Savior with Indonesia.

Next, Burhan Saidi Chaniago (student at STIH GPL Jakarta), Indonesian Legal Concern Advocacy Team, M Subhan, People's Lawsuit Movement (Gram), Tuan Guru Deri Sulthanul Qulub, as well as Habib Rizieq Shihab, Din Syamsudin, Ahmad Shabri Lubis, Yusuf Martak, and Munarman.