By: Andreas Tahitu *
Political drama in Indonesia is even continuing even though the KPU has officially announced that Paslon Jokowi – Ma’ruf is the winner of the 2019 Presidential Election. However, this is apparently not acceptable to all parties, even fraudulent election accusations are still widely touted, until finally the BPN makes Legal team to submit a hearing for the dispute over the results of the general election to the Constitutional Court. However, former KPU member Sigit Pamungkas said that there were 3 conditions for determining structured, systematic and massive fraud (TSM), in the 2019 Election. Sigit considered the three conditions difficult to prove by the National Winning Body (BPN) Prabowo – Sandiaga.
Sigit said there were two types of fraud, namely TSM fraud which could be quantified and which were not. One way to quantify this according to him is fraud that occurs in 50 percent of the total provinces in Indonesia.
“What can be quantified must meet the requirements of 50 percent of the existing provinces,” said Sigit.
The former KPU commissioner also explained that another requirement for mentioning TSM fraud was that there was one entity that mobilized the practice of suspects. Finally, it needs to be proven that there are supporting documents that contain the plan. If all three elements cannot be fulfilled, it is very unlikely that one candidate can prove it.
On a different occasion, the Prabowo – Sandiaga Legal Team had expressed the suspicion of fraud in the 2019 Presidential Election. So that the pair number 02 was harmed. Even the Prabowo – Sandiaga Legal Team said that the alleged fraud in the presidential election was structured, systematic and massive (TSM). So that his party wants Jokowi candidate number 01 – Ma’ruf Amin to be disqualified.
This statement can be refuted if we refer to the explanation of Article 286 paragraph (3) of the Election Law Number 7 of 2017, the subject of “structured” indicates violations committed collectively or collectively. In that context, of course, it must be proven in two ways, namely the existence of a meeting of mine among violators as a subjective condition, and the existence of real cooperation to realize the meeting of mine among violators as objective conditions collectively or jointly.
From this explanation, we certainly know that the evidence for systematic violations must show evidence of careful, even neatly arranged planning. This is also known as the dolus premeditatus term which requires several things and certainly must be proven. For example what is the substance of planning, who is planning, when and where. Then in relation to “structured” it is also necessary to prove who made the fraud, when and where to show definitively for the occurrence of meeting of mine and real cooperation.
Expert Witness from Jokowi’s Legal Team – Ma’ruf Amin Edward Omar Sharif Hiariej said, Regarding “Massive” requires the impact of a very broad violation on the outcome of the election not only in part. That is, there must be a causal relationship between the violation and its impact. A further consequence of the causality relationship must be proven.
For example, the Prabowo Legal Team – Sandiaga, showed several events, then generalized that fraud occurred in a structured, systematic and massive manner. In fact, to find out whether these violations must be proven legally and convincingly.
“So that structured and systematic violations must have a massive impact, not partially but very broadly,” he said.
Therefore, the Prabowo – Sandiaga Legal Team is still limited to stating allegations of fraud in the implementation of the TSM election, but it has not been proven.
Or maybe the Prabowo – Sandi camp has lost ammunition to win, so the accusations are increasingly intensified, but it turns out the evidence and witnesses of Prabowo – Sandiaga’s Legal team seemed to only be acting in the courtroom.
However, cheating or not the 2019 election will be proven in the Constitutional Court trial, the public certainly does not get easily provoked by sensational news such as news about 7 containers of ballots that had been excited but apparently only hoaxes that tried to delegitimize the KPU.
*) The author is an observer of political issues
