Prabowo’s Lawsuit to the Constitutional Court, Is it in Vain?

By: Maulana Rahman) *

Of course we still remember that candidate number 02 often claims victory before an official announcement, even those claims are declared almost every day. But after the real count did not show victory for him, he and his success team instead made the election narrative full of cheating and rejected the results of the presidential election.

Through his success team, Fadli Zon, he also stated that he would not bring evidence of their fraud to the Constitutional Court, but they also filed a lawsuit, attaching a copy of the online news link, indeed a political cuteness.
So is this claim only going to restore memory in 2014? Where the lawsuit will not change Jokowi’s victory as incumbent presidential candidate.

At that time, the Prabowo camp had boasted that it would bring as many as 10 trucks corrected to 15 armored cars, but in reality the Prabowo team only brought 3 bundles of files.

Cuteness still continues, where the success team of Prabowo, who was paired with Hatta Rajasa, said that his party would bring 5,200 witnesses, but only a few were presented.

Gerindra DPP Board of Trustees Member Habiburokhman believes that the proof of the 2019 Presidential Election – Prabowo – Sandiaga was not rejected by the Constitutional Court Judge, Even though the evidence submitted was only in the media online.

He explained that the Prabowo – Sandiaga claim team under Bambang Widjojanto could win a lawsuit, namely the Constitutional Court overturned Jokowi – Maufuf’s victory.

Of course, it would be very unfortunate if things related to the presidential election, but the lawsuit was only a copy of online media links, even though research at the thesis level would not necessarily be allowed to use online news as a source. ?

If we look at the lawsuit made by the Prabowo-Sandiaga camp, the possibility of being rejected is certainly quite large, this is because the Prabowo camp outlines Paslon Jokowi’s – Ma’ruf Amin’s fraudulent arguments.

Legal observer from the Indonesian Institute, M Aulia, considers that the lawsuit filed by the 02 faction has the potential to be rejected by the Constitutional Court if it focuses on the alleged argument of cheating on the opponent’s spouse.

“If the lawsuit filed is indeed desirable to focus more on the fraudulent arguments of candidate pairs 01, it can be said that the claim has been wrongly addressed and therefore has the potential to be unacceptable to the Constitutional Court,” said Aulia.

According to him, the election fraud suit should be submitted to Bawaslu not to the Constitutional Court which has been outlined only has the authority to adjudicate the dispute over the election results dispute (PHPU).

As in article 75 letter a of Law Number 24 of 2003 concerning the Constitutional Court (MK Law), especially for disputes over general election results (PHPU), the claim filed should postulate more clearly the error of the vote count results announced by the KPU .

Of course it will be something that is quite intriguing, if the lawsuit submitted by Prabowo’s camp to the Constitutional Court focuses more on fraud committed by the candidate pair 01, with evidence in the form of online media coverage.

Nevertheless, the Constitutional Court has officially registered a dispute request for the results of the vote in the 2019 presidential election.
MK Spokesperson, Fajar Laksono, said that the registration phase began, so the file for the dispute over the 2019 Presidential Election was considered complete and ready to be brought to the panel meeting stage to be held on June 14, 2019.

Previously, the Court also announced that the handling of election cases at the Constitutional Court consisted of eleven stages, from the submission of applications to the submission of copies of decisions. This is based on MK No. 5/2018 regulations regarding stages, activities and schedules for handling cases of election results disputes.

In addition to the attachment of evidence that is not strong, Prabowo’s lawsuit will also be impossible to disqualify Jokowi’s victory, this is due to the number of votes reaching 16.9 million votes. This is certainly not an easy matter for Prabowo to turn things around.

Moreover, in fact Prabowo and several political elites who have supported him have been distrustful of government institutions, but still have filed lawsuits with weak evidence, really in vain.

) * The author is a sociopolitical observer

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