Jakarta, Legal Literacy - The legal team representing the presidential candidate pair Anies Baswedan and Muhaimin Iskandar has highlighted 11 actions deemed as betrayals of the constitution and violations of the principles of honest and fair elections. They argue that these violations have influenced the election results, leading to the other candidate pair, Prabowo Subianto and Gibran Rakabuming Raka, being declared winners in ways that do not comply with legal provisions.
The legal team representing Amin has filed a petition with the Constitutional Court (MK) to annul the victory obtained by the Prabowo-Gibran pair. They also requested the MK to order the General Elections Commission (KPU) to hold a re-vote without the participation of the aforementioned pair.
During the trial at the Constitutional Court (MK), Bambang Widjojanto, legal counsel for the Anies Baswedan-Muhaimin Iskandar national team, stated that if the MK is unwilling to disqualify candidate pair number 2, they request that at least Gibran be disqualified for not meeting the age requirements as a vice-presidential candidate. Additionally, they request the MK to order a re-vote involving Prabowo, with the condition that the pair must first replace their vice-presidential candidate.
The hearing, attended by candidate pair number 1, Anies Baswedan and Muhaimin Iskandar, was presided over by the Chief Justice of the Constitutional Court (MK), Suhartoyo. In addition to Bambang Widjojanto, candidate pair number 1 was also accompanied by Ari Yusuf Amir, Heru Widodo, and several others.
The inaugural hearing of the presidential election dispute was also attended by the leadership of the General Elections Commission (KPU), including KPU Chairman Hasyim Asy'ari, as well as KPU members August Melasz and Yulianto Sudrajad, who were accompanied by legal counsel.
As the party providing information, the Election Supervisory Body (Bawaslu) was represented by Bawaslu Chairman Rahmat Bagja, as well as Bawaslu members Totok Hariyono and Lolly Suhenty.
The related party in the case, namely candidate pair number 2, Prabowo-Gibran, was represented by a legal team consisting of Yusril Ihza Mahendra, Otto Hasibuan, Hotman Paris, Fahri Bachmid, OC Kaligis, Rivai Kusumanegara, and several others.
Election Fraud in the 2024 Election Revealed in the Constitutional Court
In reading the petition, Ari emphasized the importance of ethics and constitutional norms in the election process. He asserted that elections are not a free-for-all arena that justifies all means, but must be carried out in accordance with the mandate of Article 22E Paragraph (1) of the 1945 Constitution, which states that elections must be direct, general, free, confidential, honest, and fair. “Violations of these principles constitute a serious violation of constitutional norms,” he said.
Ari explained that many parties consider the 2024 Presidential Election to be rife with alleged fraud. Not only that, assessments from the international community are also included, as conveyed by the United Nations Human Rights Committee, which highlighted disruptions to the guarantee of civil rights in the 2024 Election that were allegedly intervened in by President Joko Widodo.
There are three things that are highlighted. First, is the decision of the Constitutional Court (MK) regarding changes to the age requirements for presidential and vice-presidential candidates made in the final moments before registration. Second, are the steps taken to ensure that all state officials, including the president, do not have excessive influence in the election process. And third, is whether the Indonesian Government has conducted an investigation to investigate allegations of intervention in the course of the election.
Ari then revealed alleged malpractice efforts by President Jokowi to maintain his power. The three steps reported included efforts to propose a three-term president, which failed, an attempt to extend the term of office, which was also unsuccessful, and the last is the appointment of a replacement candidate which is currently being carried out.
Ari said that the third malpractice started from the process of appointing the selection committee (pansel) for members of the General Elections Commission (KPU) and the Election Supervisory Body (Bawaslu) which were filled by presidential loyalists, causing the process to be not neutral from the start. In addition, Ari also criticized the appointment of regional head officials, the police, and members of the TNI, as well as village officials who were allegedly co-opted to win candidate pair number 2.
Violating the Constitution
Meanwhile, Bambang Widjojanto provided a more in-depth review of the betrayal of the constitution and violations of the principles of free, honest, and fair elections. There are at least 11 actions that, according to him, indicate violations of these principles.
Of the 11 actions revealed, including the KPU allegedly deliberately accepting the nomination of Prabowo-Gibran which was actually illegal and violated the law; the powerlessness of election organizers with integrity; and allegations of nepotism by candidate pair number 2 who took advantage of the presidential institution.
Furthermore, other actions revealed included the massive appointment of regional head officials which was allegedly aimed at influencing voter choices, where these regional head officials then mobilized the structures below them to support candidate pair number 2. In addition, there are allegations of state apparatus involvement in efforts to win candidate pair number 2.
In addition, Bambang also highlighted the mobilization of village heads in an effort to influence election results, alleged intervention against the Constitutional Court (MK), the use of social assistance that violates the State Budget Law (APBN), and various other alleged violations.
Top of Form
In his presentation, Bambang revealed that the presence of people from government circles in the selection committee for members of the General Elections Commission (KPU) hindered the independence of election organizers due to power intervention. Several members of the selection committee who were of concern included Juri Ardianto (who is a member of the Presidential Staff Office), Bachtiar (from the Ministry of Home Affairs), Eddy OS Hiariej (who later served as Deputy Minister of Law and Human Rights), and Poengky Indarti (from the National Police Commission).
Based on the selection process which is considered problematic, according to Bambang, this has had an impact on the manipulation of the results of political party verification and the acceptance of Gibran as a vice-presidential candidate. In addition, it was also highlighted that reports of violations allegedly committed by Gibran were not handled seriously.
According to Bambang, Gibran should not have qualified as a vice-presidential candidate because he had not reached the age of 40 as required by law. The Constitutional Court (MK) decision which opened the way for Gibran to run is said to be the result of a process that is allegedly full of intervention. Bambang revealed that there was intervention by a minister to the then Chief Justice of the Constitutional Court, Anwar Usman.
In his presentation, Bambang Widjojanto also highlighted the politicization of social assistance (bansos) which allegedly violated the State Budget Law (APBN), as well as massive fraud. The President was proven to have used state funds to distribute bansos on a large scale with the aim of influencing voters for the electoral interests of candidate pair number 2, who incidentally is his own son.
This policy involves the power structure from the top to the bottom. President Jokowi is directly involved by distributing bansos in every visit to the regions while carrying out covert campaigns. At the Ministry level, the distribution of bansos is carried out by ministries whose ministers are supporters of candidate pair number 2, and does not involve the Ministry of Social Affairs which should be responsible for budgeting and distributing bansos.
Bambang condemned this immoral act as malicious intent and careful planning. He also questioned the reason for the significant increase in the bansos budget between 2023 and 2024, especially since those years had entered a normal period without the COVID-19 pandemic.
In addition, Bambang mentioned President Jokowi's actions in disbursing government program funds that benefited candidate pair number 2 as a form of pork barrel politics, namely the use of state incentive funds for political interests in the general election.
Candidate pair number 1 also voiced concern over the unnatural increase in the electability of candidate pair number 2 during the five-month period before the election, allegedly as a result of power intervention that violated the principles of freedom, honesty, and fairness.
After reading the dispute petition, Chief Justice of the Constitutional Court Suhartoyo scheduled the next hearing for Thursday (March 28, 2024) at 13:00 WIB with the agenda of reading responses from the General Elections Commission (KPU) and related parties, namely candidate pair number 2.
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