Prabowo-Gibran National Campaign Team Urges Resolution of Election Disputes through Constitutional Court, Not DPR

JAKARTA, KOMPAS.com – Prabowo Subianto-Gibran Rakabuming Raka’s National Campaign Team (TKN) Steering Committee and constitutional law expert, Yusril Ihza Mahendra, said that the losing party in the presidential election should seek a solution to the Constitutional Court (MK), not by using the DPR’s right of inquiry.

Yusril said that the losing party cannot use the DPR’s right to inquiry to investigate fraud in the 2024 elections.

“Can the right of inquiry be used to investigate allegations of fraud in elections, in this case the presidential election, by the losing party? In my opinion, no. Because the 1945 Constitution of the Republic of Indonesia has provided special provisions for disputes over election results which must be resolved through the Constitutional Court,” said Yusril when asked for confirmation, Thursday (22/2/2024).

Also read: Mahfud: The Right to Inquiry Doesn’t Need My Support, It’s a Party Matter

Yusril said, based on Article 24C of the 1945 Constitution of the Republic of Indonesia, one of the MK’s authorities is to adjudicate disputes over election results, in this case the presidential election, at the first and last level where the decision is final and binding.

According to him, the drafters of the amendments to the 1945 NRI Constitution had thought about the shortest and most effective way to resolve disputes over election results, namely through the Constitutional Court.

This, he said, is intended to ensure that the dispute ends quickly and is resolved through the judiciary so that it does not create a power vacuum if the inauguration of the new president is delayed due to ongoing disputes.

“Therefore, in my opinion, if the 1945 Constitution of the Republic of Indonesia has specifically confirmed and regulated the resolution of presidential election disputes through the Constitutional Court, then the use of questionnaires to resolve these disputes cannot be used. The use of questionnaires can make disputes over the results of the presidential election drag on without clarity when it will end. “The results of the questionnaire are only in the form of recommendations, or at most a statement of the DPR’s opinion,” he said.

Also read: Moments for the Right to Inquiry Discourse Are Quite Narrow in the Remainder of Jokowi’s Second Term

Yusril said that the Constitutional Court’s decision in adjudicating the 2024 presidential election dispute would create legal certainty.

Meanwhile, the use of the DPR’s right to inquiry will bring this country into uncertainty, which has the potential to lead to chaos.

“If the intention is to impeach Jokowi, it will bring this country to the brink of destruction. The impeachment process takes a relatively long time, starting with a questionnaire as they planned and ending with a statement of the DPR’s opinion that the President has violated the provisions stipulated in Article 7B of the 1945 Constitution ,” said Yusril.

Meanwhile, Yusril emphasized that the statement of opinion must be decided by the MK.

Also read: Understanding the Right to Inquiry in the DPR

If the MK agrees with the DPR, the DPR must submit a request for impeachment to the MPR, depending on whether the MPR wants to do it or not.

“This process will last for months, and I am sure it will go beyond 20 October 2024 when Jokowi’s term ends. If on 20 October 2024 the new President has not been inaugurated, then this country will be in a dangerous vacuum of power. Do they want to do something like “I think the country must be saved,” he said.

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2024-02-22 11:20:00


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