By: Sujarwo) *
On June 27, 2019 the Constitutional Court (MK) unanimously, without a different opinion or dissenting opinion from a judge, in its decision stated that it rejected all arguments submitted by Prabowo’s partner Sandiaga as applicants in the dispute over the results of the general election.
This shows that the KPU as the defendant in the dispute over the results of the general election showed that the KPU was not proven to have committed a violation in the presidential election process in 2019.
The MK ruling certainly provides a very strong legal and legitimate basis for Paslon Jokowi – Ma’ruf Amin to carry out the mandate as elected President and Vice President for the period 2019 – 2024.
Following up on the Constitutional Court’s decision, the KPU has followed up on June 30, 2019, where the independent institution has officially appointed Jokowi – Ma’ruf Amin as elected President and Deputy President for the term 2019 – 2024.
The Governor of the Indonesian National Resilience Institute (Lemhanas), TNI Letjend (Ret.) Agus Widjojo, reminded that the Presidential Election (Pilpres) was over and the winner was constitutionally determined. At present what is needed is efforts to strengthen the integrity and unity of the nation.
“So now is the time for this nation to reunite and together continue to develop the nation,” said Agus Widjojo.
He also reminded, efforts to reunite and jointly continue the nation’s development can be done immediately. The method is to eliminate polarization for the support of the candidate pairs who had competed.
“It is in the political rules of how to unite the nation in a government program to carry out development. Actually there is no need for polarization for support among candidates, “he said.
In accordance with applicable constitutional law, the Constitutional Court’s decision is final and binding (final and binding). Thus there is no legal effort (legal recouse) that can be taken by the Prabowo – Sandiaga candidate to oppose the decision.
Indeed, because there are no more constitutional efforts that can be taken, even so there are some people from faction 02 who suggested that Prabowo – Sandiaga bring the issue of the dispute to an international forum. However, this effort seems to be in vain because of differences in the issue of jurisdiction.
International law recognizes 2 judicial institutions, namely the International Court of Justice and the International Criminal Court, both of which are based in The Hague, Netherlands.
The ICJ jurisdiction, which was established in conjunction with the birth of the United Nations, is to try disputes between countries. Examples such as the case between Indonesia and Malaysia regarding ownership of the islands of Sipadan and Ligitan. Whereas the ICC is to try extraordinary international crimes, for example in the case of Serbian war criminals.
Thus, the related charges of fraud in the presidential election of a country are not the authority of the courts to try them, because both are domestic problems of their respective countries.
Therefore, instead of wasting time, energy and costs that will end in vain, Paslon Prabowo – Sandiaga should properly utilize his resources to take a role in advancing the Unitary State of the Republic of Indonesia.
In democracies, maturity is certainly needed, especially in addressing differences that had time to polarize Indonesian citizens. All the electoral processes have also found a point to finally arrive at the trial at the Constitutional Court, Jokowi still steps towards the presidential throne along with his partner Ma’ruf Amin.
Now is the time for the Indonesian Nation to build the country. All parties must reunite in harmony and brotherhood because we are all countrymen and people of water.
As much as the kinds of provocations should disappear from the real world and cyberspace, now is the time for us to roll up our clothes, throw away all differences, hostility and everything that can trigger division.
After the presidential election was over, the community must return to being part of a nation that held hands, embraced each other, united the forces to build Indonesia.
We must look at the future, return to work in accordance with scientific discipline and expertise. It’s time for us to compete again with other nations in the world. Let us walk together, work together to build a country with Jokowi to create an advanced Indonesia.
) * The author is a sociopolitical observer