By: Suluh Indria Hapsari) *
Prabowo’s Legal Team – Sandiaga had previously submitted a revised dispute request from the 2019 Presidential Election to the Constitutional Court (MK). One of the improvements was related to the alleged violation of the Election Law by Vice President Ma’ruf Amin.
It questioned Ma’ruf Amin’s position as a Sharia Supervisory Board in Bank BNI Syariah and Bank Syariah Mandiri.
The Vice President of Joko Widodo was considered to have violated Article 227 letter p of the Election Law. The article states that at registration, the candidates for presidential and vice-presidential candidates must include a statement of resignation from an employee or official of a state-owned enterprise or regionally-owned business entity since it was determined as a Candidate Pair of Election Participants.
Request that Ma’ruf Amin be disqualified
The BPN Legal Team considers that Ma’ruf Amin violated the Election Law. Therefore, they asked the Constitutional Court to disqualify.
“We include one argument that we think must be considered well, because this can cause the 01 pair to be disqualified,” Bambang said.
He considered that Ma’ruf Amin was an official at Bank BNI Syariah and Bank Syariah Mandiri. Meanwhile Ma’ruf Amin has not submitted his resignation document as an employee or official in a BUMN when registering at the General Election Commission.
The argument that exists – is there.
However, the allegation was brushed aside by the National Campaign Team (TKN) who considered that what was done by Prabowo – Sandiaga Uno was something that was contrived – to be present in submitting a dispute claim from the 2019 presidential election.
TKN emphasized that KH Ma’ruf Amin did not violate Law Number 7 of 2017 concerning Elections as alleged by Prabowo’s Legal Team – Sandiaga.
Deputy Chairperson of TKN, Arsul Sani explained, the definition of BUMN could be seen in article 1 number 1 of Law No. 19 of 2003 concerning SOEs, namely as a business entity whose entire or part of its capital comes from direct participation of the state through separated state assets.
He also emphasized that Bank Syariah Mandiri and BNI Syariah were not SOEs in the sense as defined in Article 1 number 1 of the BUMN Law.
This is because, BSM shareholders are not countries, but PT Bank Mandiri and PT Mandiri Sekuritas. While the shareholders of BNI Syariah are PT Bank BNI and PT BNI Life Insurance. So there is no direct equity participation.
In addition, the position of the capital in both Sharia Banks is not as employees, directors or commissioners who are officials of business entities in the form of limited liability companies.
This explanation certainly proves that what was argued by the Prabowo Legal Team – Password is a contrivance and is not based on a deep understanding of the understanding of Islamic Banks and also related to Election laws.
In addition, the Sharia Banking Law has stated that the position of the Sharia Supervisory board is not included in the domain of employees or banking officials, but rather is a separate entity whose method of appointment and duty is specifically as a supervisor.
KPU Commissioner Wahyu Setiawan has also said that all candidate pairs have fulfilled the requirements as 2019 vice presidential candidates. With the principle of the KPU, they have worked closely to examine the requirements of the candidate pairs, the results of which all candidate pairs fulfill the requirements as stipulated in the legislation.
The statement was certainly agreed upon by the Jokowi TKN camp – Ma’ruf Amin on the KPU’s statement that all candidate pairs had fulfilled the requirements as candidates for president and vice president. TKN explained Ma’ruf Amin’s nominating documents had been through verification.
“Yes, of course (fulfilling the requirements), because of what? Because when Jokowi’s presidential candidate pair with KH Ma’ruf Amin, as well as Prabowo and Saniaga Uno, once they registered all the complete documents were verified, “Arsul Sani said
Of course it is very clear that Ma’ruf Amin was not proven to violate the Election law as sued by Prabowo-Sandiaga’s BPN Legal Team, the request for repairs was in fact only a matter of fact so that Paslon 02 could occupy a position at the State Palace, possibly various fraudulent narratives what has been conveyed has absolutely no effect on Paslon Prabowo’s – Sandiaga.
) * The author is a sociopolitical observer
