Jakarta (ANTARA) – The chaos of the lawsuit over the disputed general election results (PHPU) for the 2024 Presidential and Vice Presidential General Election has ended. The judges of the Constitutional Court as the “second hand” of God have given their verdict in the judicial hearing held on 22 April 2024.
The decision said that all the applications submitted by the presidential and vice-presidential candidate Anies Baswedan and Muhaimin Iskandar as well as Ganjar Pranowo and Mahfud Md., were rejected in full. The decision was made after five judges agreed and three others disagreed dissenting opinion (different opinions).
The judge also rejected the complaints of the respondent, namely the General Election Commission (KPU) and related parties, namely the president-elect and vice-president, Prabowo Subianto and Gibran Rakabuming Raka, who rejected in fact the petition of the two parties requested the Court stating that they had no authority to hear the petition. a quo.
Prabowo-Gibran, who received the most votes in the repeat of the 2024 presidential election vote, which is 96,214,691 votes or 58.6 percent, will automatically go on to lead Indonesia.
KPU President Hasyim Asy’ari also confirmed that the “effect” of the decision of the Constitutional Court is the appointment of Prabowo-Gibran as the elected couple of president and vice president on 24 April 2024.
With the distribution of the decision, positive and negative responses, the pros and cons, among society, whether through demonstrations or in cyberspace with the spread of ideas on social media.
The positives highlighted are: dissenting opinion delivered by Constitutional Judges Saldi Isra, Enny Nurbaningsih, and Arief Hidayat. In the history of handling PPU cases, presidential elections in Indonesia, which have been held four times, have never happened dissenting opinion in his decision.
There are important points in these different opinions, namely corrective recommendations for the electoral management body and the Constitutional Court so that these institutions can further strengthen their independence to create a better democratic party in the future time.
Clear space for better selection
Three dissenting opinion what was expressed emphasized two main points, namely the importance of elections based on honest and fair principles as defined in the provisions of Article 22E paragraph (1) of the 1945 Constitution.
The meaning of the content of the application sent by Anies-Baswedan and Ganjar-Mahfud Md. The alleged fraud during the election period with the aim of increasing the votes of Prabowo-Gibran, and one of these is through the distribution of social support (bansos).
If we think about the principles of honesty and fairness, the accusation of spreading social support to increase the number of votes shows inequality due to loopholes in the governing law, used by parties that have more benefit In fact, the principle of honesty and fairness is not just about complying with the rules, but it must also be demonstrated through an attitude that does not take advantage of legal weaknesses.
The aforementioned rules of election management bodies should be implemented perfectly. There must be no legal loopholes that unscrupulous parties can take advantage of. However, this was considered not fully disclosed by the three judges.
Judge Saldi Isra said that morality or ethics play an important role at that stage. This issue should be understood in a spirit of spirituality by all election organizers and state officials to apply the highest ethical standards. (the highest moral).
In addition to the interior dissenting opinion, The Constitutional Court also criticized the General Election Research Group (Bawaslu), one of them, in considering the decision regarding the candidate’s argument regarding allegations of election violations made by several ministers.
The Constitutional Court said that the report against the Minister of Commerce was indeed examined, but for this judicial institution, Bawaslu had not taken into account other aspects, such as the use of state resources, self-image , which was done in performance. state administration duties, or the time for its implementation which was at the stage of the election campaign.
The Constitutional Court considered that this happened because there were no standard requirements or sequence or analytical knife that Bawaslu had to use to determine how an event was considered to be fulfilling or did not fulfill the material requirements, thus forcing conclusions to be drawn from alleged events. there were electoral violations, not fully implemented.
These recommendations are homework for Bawaslu to start a new chapter in law enforcement in the next general election. The governing body must re-establish its authority in dealing with various alleged electoral violations.
Research things a lot
One more thing that is important to note inside dissenting opinion The status of the Constitutional Court is that it should no longer judge cases in a procedural manner, both in terms of numbers and legality.
Judge Enny Nurbaningsih entered dissenting opinionHe said that if the Court were limited to examining numbers only, it would in fact be the same as reducing the level of the mandate of the Constitution itself, since the Court must consider constitutional values. keep up (constitutional values) and democratic principles (democratic principles).
Since the PPU’s handling of the 2004 Presidential Election, the Constitutional Court has never limited itself to investigating allegations of vote counting errors only in order to end the debate on whether the Constitutional Court only has the authority to examine disputes about numbers.
Judge Arief Hidayat also said that the Constitutional Court should not just judge using a formal-legal-dogmatic approach that will only produce legal formulas that hardstrict, and procedural in nature.
It is considered that the Constitutional Court needs to judge in an informal-non-legal-extensive way that produces legal formulas that are progressive, solvable and meaningful for violations of the principles of direct, general, free, secret elections , honest and fair.
Then, how important is it for the Constitutional Court to use a substantive approach?
Professor of Legal Anthropology at the University of Indonesia, Sulistyowati Irianto, believes that the law cannot keep up with developments and changes so quickly. There will always be changes and new feelings of justice to which all legal persons in Indonesia must respond.
Therefore, if MK judges do not become legal funnels by judging cases in a practical way, they will be left behind by the changing times and the principles of honest and fair elections will also be threatened.
However, to seriously prosecute, a longer period of evidence is required than is stated in the Constitutional Court Rule No. 1 of 2024, which is 14 days.
The Society for Elections and Democracy (Perludem) has overseen the process for handling the Presidential Election PPU. Project Manager Needem Fadli Ramadhanil gave an important note regarding the short verification period in this case, especially in the 2024 PPU Presidential Election, the applications submitted tend to be qualitative in form.
The evaluation of all series and stories about violations must be based on an evidence process and cross examination which is deep. That method is not possible to enter speed test which is exactly 14 days. This result can also be an important consideration in determining the treatment period for the future PPU presidential election.
Hope for the next election
The problems that will arise in the democratic party process in Indonesia in the future may become even more complicated. Times will continue to evolve, as will paradigms in society. Treatment may require the use of a specific scientific approach or perspective.
Two important points are made dissenting opinion Constitutional Court judges must be an important note in the implementation of general elections that will be held in the future. By implementing these recommendations for improvement, the democratic process will be of high quality and the public’s confidence that their votes will be in the right hands will increase.
In addition, Indonesian people will elect their regional leaders through Pilkada at the same time 2024 on November 27. This is an important time for election management institutions to show their best work to the public.
Editor: Achmad Zaenal M
2024-04-27 07:32:57
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