By: Indah Permatasari )*
One of the decisions of Ijtima ‘Ulema IV on 5 August 2019 was not to recognize the elected government as the result of the last general election. Based on the constitution, this is a violation of the law because it contradicts the 1945 constitution.
Article 27 paragraph (1) of the 1945 Constitution explicitly states that “All citizens are at the same position in law and government, and the obligation to uphold the law and government is no exception.
In that article it has been very clear and firm. That every citizen must recognize, respect and support a legitimate government formed and led by a president elected in the presidential election. The presidential election has strong legitimacy because it is carried out by the General Election Commission and overseen by the Pemlu Supervisory Agency.
As an organizer of an election that obtains authority from applicable laws. The party that loses in the election has various legal remedies provided by the law if they feel dissatisfied with the KPU’s decision.
Ijtima Ulama 4 also still considers the 2019 Election to be full of structured, systematic, massive and brutal fraud. Ijtima also discussed the May riots and the deaths of 500 election officials.
Then in the first point of the ruling reads ‘Refuse power that stands on the basis of fraud and tyranny and take distance from that power.
The peak of the legal effort was a lawsuit through the Constitutional Court. Because the Constitutional Court is final and binding, there is certainly no good reason for anyone who is a good citizen to not know and acknowledge it.
Of course, not all parties can feel happy with any decision of the Constitutional Court, so it is inappropriate if the Constitutional Court’s decision is used as material to slander and blaspheme, especially since the public can monitor it through the television screen, so that in the trial nothing is covered up.
The Panel of Judges of the Constitutional Court must have tried and tried in such a way to make a decision in this case which must be based on proven facts.
When referring to Article 27 paragraph (1) of our constitution, a party that does not recognize the lawful government means that it has committed a serious violation of the law and, of course, as a consequence, the competent authority can take legal action against it.
In addition, if there are members of the DPR and DPRD who are incited not to recognize the government, of course they are not entitled to a salary. If the government is not recognized, the ministry will automatically not be recognized and considered invalid.
Former Chief Justice of the Constitutional Court Mahfud MD said that all stages of the 2019 elections had been completed, just waiting for the inauguration of the President and Vice President for the 2019-2024 Period.
He also said that the elected President and Vice President must be recognized by all citizens. Moreover, the elected leader was born from a valid election.
The constitutional law expert also recognizes that the leader chosen by the people is the only way that every citizen must obey. According to him there is no more reason not to obey him, and recognize the President and Vice President who have been elected.
Previously, Ijtima Ulama IV’s results which were opened by FPI frontman Habib Rizieq were: Refusing power that stood on the basis of fraud and tyranny and distancing itself from that power.
This verdict certainly shows that Ijtima Ulama failed to move on, especially if he was still touting issues related to fraud, even though the Presidential Election dispute had arrived at the Court, didn’t they witness firsthand the proceedings of the session at that time?
In addition, there are also decisions about the Islamic Homeland based on Pancasila, with the principles of the holy verses above the constitutional paragraph so that they are implemented in the life of the nation and state.
The verdict certainly shows that Ijtima only wants Indonesia to become a country in accordance with its wishes, even though not all scholars say NKRI must be sharia.
The ideology of Pancasila has been able to accommodate the joints of the life of the nation, the Pancasila without the frills of sharia has given the widest possible freedom to adherents of any religion for their religion to always worship in accordance with their respective beliefs.
)* The author is a social political observer