By: Leonardo Hasudungan) *
Amsari Ferry as a statutory legal observer assessed that the inclusion of online news links as proof of claim to the Constitutional Court (MK) would certainly be very weak if it was not accompanied by other evidence.
Not only that, even applicants who are from Prabowo’s attorney – the password can be a month – monthly in the trial if there is no other evidence.
It argues that the inclusion of news links can only be used as supporting evidence. If they are serious about suing, of course the struggle of their lawsuit to the Constitutional Court must attach evidence that is more than online. Therefore Prabowo Sandiaga’s attorney must have more valid evidence than the news link.
“If only that (online news link) is very weak. It is not strong enough to support the arguments of the Petitioners regarding the dispute over the results of the 2019 Presidential Election.
He also believes that the Prabowo-Sandiaga power team led by the former head of the KPK Bambang Widjojanto has other evidence, the evidence certainly has a function to be attached to his report through the constitutionally appropriate path.
“If not, they can be months in the trial. Because the proof of the news link is very weak, “Feri said as the Director of the Center for Constitutional Studies (PusaKO) FH Andalas University.
Other evidence is that, Feri said authentic documents that showed the occurrence of structured, systematic and massive fraud in the 2019 presidential election. In addition to documents, evidence could also be in the form of information from expert witnesses that strengthened their application.
Such a thing should be shown by the Prabowo – Sandiaga Power Team, if the lawsuit is to be taken into consideration by the Panel of Judges,
On the previous occasion, Chairperson of the Constitution and Democracy Initiative Veri Junaidi said that Prabowo’s legal counsel team – Sandiaga used a lot of media news as proof of suit to the Constitutional Court.
This can be known easily after reading and studying a copy of the documents submitted by Prabowo’s legal counsel – Sandiaga when registering his lawsuit to the Constitutional Court (MK).
“As many as 70 percent of this application concerns the legal theory of the position of the Constitutional Court (Constitutional Court) 30 percent of which are clipping the media,” Veri said.
On pages 19-20, there the applicants and attorneys argued that there was a lot of structured, systematic and massive fraud, but using secondary data in the evidence.
Veri also said that he was not sure in such a large case that no evidence was shown, only clipping the media. So he concluded, if the lawsuit only attaches secondary evidence such as the clipping, it is certainly rather difficult to be granted by the Constitutional Court.
This is because, proof of fraud by TSM should use primary, not secondary, evidence as attached by faction 02.
This is also quite difficult, because the applicant must prove that the evidence possessed has relevance to one another.
For example, accusations of the deployment of police officers in the 2019 presidential election to win candidate pair number 01 Jokowi – Ma’ruf Amin. The accusation certainly cannot be proven only by clipping from online media. Veri said the accusation must be accompanied by evidence that there was an instruction from the National Police Chief by Joko Widodo as the incumbent presidential candidate.
That also must be proven by the existence of field movements related to the efforts of the Indonesian National Police to mobilize its resources to win Jokowi – Ma’ruf Amin.
For example, like the case in Garut, related to the alleged deployment of the police chief to win Jokowi – Ma’ruf Amin, it cannot be used as evidence of TSM fraud because its scope is only one district and does not affect the election results.
In this case, the evidence of an election dispute must have an impact on the results of the vote so that the impact exceeds the difference between the candidate pairs 01 and 02, exceeding 16 million votes. In the absence of this, the evidence does not have any legal meaning and strength, especially based on clippings of online media news.
The Prabowo – Sandiaga camp seems to have only 2 choices at the moment, firstly acting legowo on the results of the KPU, and respectfully congratulating the Jokowi – Ma’ruf Amin candidate, or the second, still filing a lawsuit with the Court by completing authentic documents, although the possibility of a lawsuit accepted is a difficult thing.
) * The author is a legal observer
