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Constitutional Court Impact on Presidential Election Disputes: Expert Warns of Constitutional Crisis

TEMPO.CO, Jakarta – Expert from Kubu Prabowo-GibranAminuddin Ilmar, revealed the impact if the Constitutional Court or MK granted the petition for dispute over the results of the Presidential Election Anies-Muhaimin and Ganjar-Mahfud.

Amirudin said that the Constitutional Court should consider deciding disputes over the results of the Presidential Election according to its authority. He also cited Law Number 7 of 2017 concerning Elections which states that the Constitutional Court handles disputes over results, while administrative violations are handled by Bawaslu and process disputes are handled by the KPU.

As is known, the arguments of the Anies-Muhaimin and Ganjar-Mahfud camps are regarding fraud in the election process. Meanwhile, from the first day of the trial until now, the Prabowo-Gibran Defense Team has maintained that the Constitutional Court only handles disputes over election results in the form of numbers, not the narratives argued by candidate pairs 01 and 03.

“In other words, don’t let the Court judge things other than those related to disputes over election results,” said Amirudin in a hearing at the Constitutional Court Building, Jakarta on Thursday, April 4 2024

If the Panel of Judges hold opinions and opinions outside their authority, he said, it will certainly have an impact on the constitutional situation and conditions. This professor at the Faculty of Law, Hasanuddin University, believes that this constitutional condition has never happened before.

“The process of changing or rotating national leadership will certainly not be realized. As a legal consequence, there will be a vacancy in the positions of President and Vice President which will end in October 2024,” said Aminuddin.

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Therefore, he asked the Constitutional Court of Justice to be careful and wise in deciding disputes over the results of the general election or PHPU Presidential Election. If the Constitutional Court decides on matters outside its duties, Amunuddin believes that this action, in the concept of administrative law, is an action that exceeds its authority.

At this trial, the agenda is the examination of witnesses and experts from related parties or the Prabowo-Gibran camp. The Prabowo-Gibran Defense Team presented 14 witnesses and experts in the trial regarding the dispute over the results of the Presidential Election. In detail, there are eight experts and six witnesses.

Apart from that, there was the presence of a number of parties. There is the Anies Baswedan-Muhaimin Iskandar Legal Team as applicant I, as well as the Ganjar Pranowo-Mahfud Md Legal Team. as applicant II.

There is also the Prabowo-Gibran Defense Team as a related party. Also present were the Chairman of the General Election Commission or KPU Hasyim Asy’ari and his staff as respondents. Chairman of the General Election Supervisory Agency or Bawaslu Rachmat Bagja and his staff were also present as information providers.

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2024-04-04 09:23:00


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