MK Decision is Final
By: Alfisyah Kumalasari) *
Indonesia is a constitutional state, so disputes that occur in the community must be resolved constitutionally so as not to cause adverse effects. For this reason, all parties must also accept decisions from legal institutions in accordance with existing laws.
Fresh air came from academics, where the Chancellor of Muhammadiyah Purwokerto University, Dr. Anjar Nugroho, gave an appeal to all parties to respect the process of electoral disputes in the Constitutional Court (MK) so that all decisions could be accepted by all parties, supporters of Presidential Candidates 01 and 02.
It requested all parties to always respect the results of the election process in the Constitutional Court. “Whatever the decision will be, it must be accepted by all parties, especially supporters of the presidential candidate pairs who take part in the 2019 election,” he said.
Anjar also agreed with Prabowo, where during the trial at the Constitutional Court, there was no need to mobilize the masses to Jakarta, this was because he believed that the judges at the Constitutional Court had high credibility and professionalism in deciding disputed matters especially in the process of electoral disputes. If there is mobilization of the masses, it can cause negative impacts including horizontal conflicts in the community.
In this case the Constitutional Court has the authority to proceed according to the existing mechanism, therefore, the community must also obey whatever the Court’s decision.
General Chairperson of the Golkar Party Airlangga Hartanto reminded all political parties to always respect whatever was determined by the Constitutional Court.
Referring to its understanding, the Constitutional Court (MK) is a judicial institution, as a branch of judicial power which is its authority under the 1945 Law.
Mahfud MD also said that those who do not believe in the Constitutional Court are provocateurs. He also considered that people who do not trust the Constitutional Court are people who are emotionally unstable.
It was noted that the Constitutional Court had held the first session regarding the dispute petition request for the 2019 Presidential Election submitted by the Prabowo-Sandi camp on Friday 14 June. The decision regarding this dispute must also be issued by the Court no later than 14 working days or meaning on the upcoming 28 June.
The Chairperson of the Suluh Kebangsaan Movement hopes that the 2019 presidential and vice-presidential candidates will be able to accept the Constitutional Court’s decision regarding the lawsuit over the election results dispute (PHPU).
He also recounted while serving as Chief Justice of the Constitutional Court which happened to coincide with the 2009 Presidential Election. At that time, he saw each of the candidate pairs able to accept the Constitutional Court’s decision properly.
The 2009 election was followed by 3 candidate pairs, including Mega – Prabowo, Jusuf Kalla – Wiranto, against the incumbent Susilo Bambang Yudhoyono (SBY) who was paired with Boediono.
“I am the judge, who was sued by Pak SBY – Boediono, who sued Mr. JK’s partner – Wiranto and Mega – Prabowo. Crowded, “said Mahfud.
But after the Constitutional Court decided at 4:30 a.m., Megawati at that time said ‘okay I accept the Court’s decision.’ Likewise Jusuf Kalla said the same thing. the situation calmed down.
Reflecting on the story of the 2009 presidential election, Mahfud hopes that similar things will happen in the 2019 Presidential Election, where the candidates can accept the Constitutional Court’s decision regarding the winner of the democratic party. Thus the condition of national security will be calm.
In addition, the former Chief Justice of the Constitutional Court said that the case handling in the Court was very transparent. Therefore he asked the litigants to be prepared with the evidence.
In the petitum of the petition, Prabowo Sandi’s Legal team requested that the Constitutional Court cancel the vote count results set by the KPU. They also asked the Court to declare that the stronghold of 01 Jokowi – Ma’ruf had committed violations and fraud in the 2019 Presidential Election.
Even so, the Constitutional Court was the place for the process to end before the winner of the 2019 Presidential Election was decided by the KPU and appointed by the MPR.
Whatever the Constitutional Court’s decision, Jokowi and Prabowo must also accept this as a necessity of the political process.
After the Court issued a verdict, we certainly hope that the Jokowi and Prabowo camps will accept whatever the outcome of the trial is.
Especially if the two camps apologize to each other, and invite all sympathizers not to get involved in debates that have the potential to create social friction
) * The author is a sociopolitical observer