Clarity Needs to Think About Responding to the Determination of the President-Elected Vice President
By: Dinindya Purnamasari) *
All requests for the legal team of the National Winning Body (BPN) Prabowo – Sandiaga in the General Election results dispute (PHPU) 2019 Presidential Election were rejected by the Constitutional Court (MK). The rejection was announced by 9 MK judges without any dissenting opinions.
The decision on June 27, 2019 is final and binding for the parties. Based on the constitution, of course there is no other legal effort that can be taken to prevent Jokowi – Ma’ruf Amin from becoming President and Vice President of Indonesia for the period 2019 – 2024.
This dispute also cannot be brought to international forums because it will clash with existing international court jurisdiction or authority. In addition, if we refer to the exhaustion of local remedies principle, a domestic legal problem that has been properly handled by a domestic judicial institution can no longer be brought to an international forum.
Seeing the recent development of the presidential election which was over, legal counsel and “political whispers” who were still around Prabowo – Sandiaga, should not provide a problem which instead plunged the number 02 candidate pair.
It would be good for Prabowo and Sandiaga to be given the time to think clearly based on the love of the nation and the homeland. Because the reality of the Constitutional Court’s trial was his last attempt to investigate the dispute over the presidential election in the constitutional path.
At the beginning of the trial, the constitutional judge gave the camp of the BPN legal team a statement by rejecting the exception of the General Election Commission (KPU) legal team and the legal team of the General Election Commission (KPU) as the defendant and the Jokowi TKN legal team – Ma’ruf Amin.
But in the subsequent trial session, the constitutional judge then broke one by one the arguments submitted by the BPN legal team. The panel of judges considered that the petitioners’ arguments regarding structured, systematic and massive (TSM) electoral violations were groundless according to law. The reason, according to constitutional judge Manahan Sitompul, is that the handling of administrative violations that are TSM is the authority of Bawaslu. Whereas the Court can only try PHPU.
In addition, the Court also gave a statement that the applicant could not present other evidence regarding the alleged 22,034,193 stealth voters. The constitutional judge also revealed evidence in the form of video footage submitted by Prabowo – Sandiaga unable to strengthen the fraudulent argument by the voting officers.
The constitutional judge considered that the Praowo – Sandiaga party was also skeptical of the argument that the candidate pair 02 Prabowo – the password received zero percent votes at 5,268 polling stations (TPS). Party 02 is called uncertain to mention the number and location of zero votes.
Majels member judge Saldi Isra has also read that the argument submitted by the BPN team regarding stealth polling stations is not legally sound. The BPN legal team postulated the discovery of 2,984 stealth polling stations, with around 895,200 stealth votes by comparing the number of polling stations through the KPU Decree number 860 / PL.02.1-KPT / 01 / KPU / IV / 2019 as many as 810,352 polling stations and data in the Vote Counting Information System ( Situng) KPU, which is 813,336 polling stations.
The Constitutional Court Judge considered the vulnerability of Situng KPU’s security there was no correlation with the results of the recapitulation. The Constitutional Court Judge also considered the applicant unsuccessful in proving the argument that the apparatus lacked neutrality.
If you look at the trial process there is certainly no legal remedy that can be taken. It is also not good to herald provocations in cyberspace and on the streets by organizing endless demonstrations or demonstrations. It is better for all available resources to be used for mutual benefit.
It’s better to make a political investment to participate in another 5-year contest. In the meantime, the open choice to become a dignified opposition by carrying out checks and balances for the government, oversees that the Jokowi – Ma’ruf government for the period 2019 – 2024 runs properly in accordance with the constitutional corridor.
Thus Jokowi and Ma’ruf Amin have full legality to claim victory in the Presidential Election (2019 Presidential Election). After the Constitutional Court read out its decision in his speech, Jokowi delivered an invitation to all Indonesian people to reunite and forget about differences in political choice.
There are no more 01 or 02, although different political choices, but still must respect and respect each other, not hate each other with various provocations.
) * The author is a sociopolitical observer
