By: Muhammad Yasin) *
Prabowo-Sandi’s National Winning Body (BPN) and several parties demanded that President Joko Widodo immediately submit a campaign leave, according to him if not on leave, the incumbent would benefit from the various state facilities used for campaigning. Leave also so that the public knows Jokowi’s capacity to visit, as President or presidential candidate
Member of the Legal Advocacy Team of Prabowo – Sandiaga National Winning Body, Indra requested that incumbent presidential candidates take a campaign leave in the 2019 presidential election.
The politician from the PKS said that the pressure to leave was done so there would be no abuse of power or abuse of power in the government. In addition, to avoid the use of state facilities as long as Jokowi conducts a presidential election campaign.
The pressure voiced by Prabowo – Sandiaga’s National Winning Body (BPN) so that presidential candidate Joko Widodo will leave is answered by the Election Supervisory Body (Bawaslu). RI Bawaslu member Rahmat Bagja said that during this time Jokowi had several times submitted leave for the campaign.
“Mr. Jokowi leaves anyway. Submitted to the KPU. “It is clear that until now the KPU has received several times. The President has taken a campaign leave, we have already notified,” said Bagja.
Regarding the facilities received by Joko Widodo, Bagja said that as President, the former Mayor of Solo clearly received the facilities attached to him.
“There are three facilities that can be obtained by Mr. Jokowi, health, protocol and security. “Still being treated the same thing as head of state (despite leave),” he said.
“Indeed there are problems, leave is in office. Pak Prabowo did not take office, he did not need to leave. So it is rather heavier who is in office because there are indeed inherent facilities and also the inherent authority that is limited when the concerned becomes a presidential candidate, “he added.
“The President can use any facilities as long as it concerns health, protocol and security in accordance with the mandate of the Law. So the incumbent does not violate if he does this, “he concluded.
Furthermore, he explained the certainty of the status of being a President or Presidential Candidate in the same day, there are rules that allow Jokowi to only leave in a matter of hours. So that in one day at a different activity, Jokowi can act as president and presidential candidate.
Jokowi also gave a response on this matter, he said that the activities he had done so far as president and also presidential candidates did not violate the rules of the General Election Commission (KPU).
He explained, in the rules the KPU did not require prospective presidential candidates to take campaign leave. “Yes, this is the KPU’s rules. Everything will depart from the rules, “Jokowi said during a working visit in Gorontalo Province.
Jokowi said, he would use campaign leave if the rules required him to take time off during the campaign period. As long as the rules allow him to keep working, he would not take a leave of absence.
“If the rules require total leave, I will take total leave. KPU rules do not require that (leave) and I can still work, I can be the most Saturday or Sunday. It’s better like that. Rules allow it. “The rules do require that I leave,” explained Jokowi.
On another occasion, Member of the National Campaign Team (TKN) Achmad Baidowi confirmed his presidential candidate, Joko Widodo or Jokowi had never violated the campaign rules as incumbent presidential candidate. Because, he said, Jokowi always campaigned by holding the General Election Commission’s Rules and Regulations (PKPU).
“The provisions of leave for state officials are regulated in the Act and PKPU. There is no need to be urged yet, so far there have been no violations for Jokwi who is an incumbent candidate, “Baidowi said.
Member of Commission II of the House of Representatives explained, leave for the president is only needed on weekdays. He continued, if Jokowi carried out a campaign in the holidays no longer needed to apply for leave.
“Moreover, we at TKN already know to position Jokowi as President or Presidential Candidate,” he said.
The Constitutional Law expert who is also a former minister of Law and Human Rights Yusril Ihza Mahendra also spoke up. According to him, Jokowi is not obliged to resign or leave from the President’s position even though he is a candidate.
According to Yusril. This leave issue is set out in law number 7 of 2017 concerning elections. “Jokowi or anyone, for the sake of the nation and state, does not need to stop or leave,” Yusril said
Yusril assessed the Election law that does not require incumbent candidates for leave to be correct in the eyes of state law. According to him, if the President is required to leave or resign, it will have a negative impact on political stability.
In article 281 paragraph 1, the regulation is called an election campaign that includes the president, vice president, ministers, governors, deputy governors, regents, deputy regents, mayors and deputy mayors, may not use state facilities, except security and must take leave outside the state. But, the leave in question, must pay attention to the sustainability of state administration. More detailed rules are regulated in KPU Regulations.
Jokowi chose not to take time off because he had a time off from work on Saturdays and Sundays, this clearly shows that Jokowi prefers to work rather than campaign, in this case we should know that as President Joko Widodo still has the duty to serve the community.
) * The author is a sociopolitical observer