KPU’s legal counsel Hifdzil Alim, KPU chairman Hasyim Asy’ari, and KPU commissioners Mochammad Afifuddin and Idham Holik (right to left) at the second hearing for the 2024 presidential election dispute, Thursday (3/28/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The General Elections Commission (KPU) denied having committed violations in the use of the Recapitulation Information System (Sirekap), said legal counsel Hifdzil Alim conveying KPU’s response as the Respondent in case No. 1/PHPU.PRES-XXII/2024 filed by Presidential and Vice-Presidential Candidate Pair Number 01 Anies Rasyid Baswedan and Muhaimin Iskandar.

The second hearing of the presidential general election results dispute took place on Thursday afternoon, March 28, 2024 in the Constitutional Court’s (MK) plenary courtroom. At the hearing, the Court heard the KPU’s response, Presidential and Vice-Presidential Candidate Pair Number 02 Prabowo Subianto and Gibran Rakabuming Raka (Relevant Party), and Bawaslu (Elections Supervisory Body).

Hifdzil explained that Sirekap is an information technology-based application that serves as a means of publishing vote count results and the process of vote count results recapitulation, as well as a tool in the implementation of the election vote count results. This is stated in the KPU Regulation No. 5 of 2024 on the recapitulation of vote count results and determination of general election results as well as the KPU Decree No. 66 of 2024 on technical guidelines for the implementation of voting and vote counting in general elections.

He also stated that Sirekap is a tool to increase transparency and accountability in the implementation of general elections. In this open process, the public can check and provide corrections to the data written by the polling station working committees (KPPS) on the C results forms. As a form of transparency, the KPU opened access to all Indonesian people both at home and abroad to be able to see the results of the vote acquisition based on the forms.

“The results and data conversion results by Sirekap are displayed on pemilu2024.kpu.go.id. Aside from showing transparency and accountability, Sirekap is the Respondent’s effort to improve public participation. The Respondent stated this in the KPU release on the development of the 2024 election results count dated February 19, 2024,” Hifdzil said.

The KPU asserted that Sirekap is only a means of spreading information and a supporting instrument in counting votes, not the KPU’s basis in determining the election results. The KPU’s certification of election results is based on tiered recapitulation from the polling station to the subdistrict, regency/city, province, and central/national levels, the process of which is regulated in Articles 382 through 409 of the Election Law. “Therefore, the Petitioner’s allegation of the Respondent’s violation through the IT system and Sirekap is not proven,” Hifdzil emphasized.

Following Laws and Regulations

Hifdzil also stated that the Respondent’s acceptance of the candidacy of Candidate Pair Number 2 had followed statutory laws and regulations, whose stages were based on Article 3 paragraph (1) of the KPU Regulation No. 19 of 2023 on the candidacy of presidential and vice-presidential election contestants.

He emphasized that the registration of presidential tickets in the 2024 election was also supervised by Bawaslu, who did not file any complaint on the registration in relation to the procedure and mechanism of the registration of the presidential tickets.

“This shows that the Respondent has implemented the registration stage of presidential and vice-presidential candidates following statutory laws and regulations,” he stressed.

No Objection

Even if the Petitioner argued that the certification of Presidential Ticket Number 2 had not met the formal requirements, Hifdzil said, they should have filed an objection since the drawing of the candidates’ numbers and the presidential candidate debates during the election campaign.

“In reality, the Petitioner did not file any objection to the Respondent, both during the drawing of the candidates’ numbers and the presidential candidate debates during the election campaign. Moreover, at the presidential candidate debates during the election campaign, the Petitioner ask questions, give responses and rebuttals in all of the debates, which the Respondent facilitated. Once again, the Petitioner did not file any objection,” he emphasized.

He stressed that it was odd for the Petitioner to allege that the formal requirements of presidential candidate registration had not been met only after the vote count results are out. Thus, he said, the Petitioner’s allegation of that the Respondent had accepted the registration of Candidate Pair Number 2 was illegitimate and unlawful is not proven.

Lack of Independence

Hifdzil added that the Petitioner’s allegation that the election organizers lacked independence due to intervention of those in power is weak and groundless. He said that the KPU had implemented election stages based on the principles of independence, honesty, fairness, legal certainty, orderliness, openness, proportionality, professionalism, accountability, effectiveness, efficiency, and accessibility.

“The Petitioner’s allegation that the election organizers’ independence was crippled due to intervention was denied because the election process was carried out following the principles of direct, public, free, confidential, honest, and fair election,” he stressed.

Not Constitutional Court’s Jurisdiction

Meanwhile, Otto Hasibuan as one of the Relevant Party’s legal counsels stated that this election was the most peaceful, not the worst one as the Petitioner had argued. “In the petition, the Petitioner conveyed narratives that are no more than assumption as well as allegation of violations. The legal team of Prabowo-Gibran will not be baited and affected by these narratives and allegation. We will keep upholding the principle of honesty,” he stressed.

Hasibuan said that the case should not have been brought to the Constitutional Court, but to Bawaslu, since the content of the petition is not in accordance with legislation, especially Article 475 of the Election Law. He claimed that the petition was misdirected.

“The Petitioner’s petitums also do not follow the Constitutional Court’s procedural law. As we see, the petitums are all over the place, thus giving the impression that they are sweeping,” he stressed.

Petitioner Committed Violation

Hasibuan stated that the Petitioner had committed violation of Article 6A paragraph (3) of the 1945 Constitution in the form of unlawful efforts to negate 96,214,691 valid votes of the Indonesian people by asking that the Relevant Party be disqualified. He said this is a denial of democracy and could potentially violate Article 6A Paragraph (3). Moreover, the Petitioner’s allegation was not based on data and figures and they did not present the number of valid votes that they believe is accurate, as regulated by laws and regulations.

“If the Petitioner argues that the disqualification of vice-presidential candidate Gibran Rakabuming Raka is relevant, the argument would be irrelevant since his candidacy was based on the Constitutional Court Decision No. 90/PUU-XXI/2023. Thus, the Petitioner would not be facing the General Elections Commission (Respondent) and the Relevant Party, but the Constitutional Court,” Hasibuan explained.

He also said that the Petitioner’s allegation of intervention by the president and ministers through the politization of work programs to pursue the Relevant Party’s electoral victory was absurd, given that those programs had been planned at least a year before through state budget proposals that the House of Representatives (DPR) approved.

Not Meeting Material Requirements

Next, Bawaslu chairman Rahmat Bagja said the Petitioner’s report to Bawaslu relating to alleged vote reduction in the KPU’s vote recapitulation website and distortion of Sirekap was not registered for not meeting material requirements. Bawaslu has notified the complainant of this report through letter No. 250/PP.00.00/K1/02/2024 dated February 22, 2024.

“The report on alleged violation in the presidential election relating to the inflation of votes for Candidate Pair Number 2 (Prabowo-Gibran) in Sirekap has been followed up by Bawaslu through letter No. 251/PP.00.00/K1/02/2024 on the notification of the status of the report on February 22, 2024 was not registered for not meeting material requirements. In relation to the allegation of violation of the presidential election where the reported, the KPU chairman and members, have allegedly committed violations of code of ethics of election organizers by stopping the vote recapitulation process at the subdistrict election committee (PPK) level, Bawaslu has followed it up through letter No. 274/PP.00.00/K1/03/2024 on the notification of the status of the report on March 8, 2024. The report was not registered because it did not meet the formal requirement of the deadline for the report and did not meet material requirements,” Rahmat explained.

Bawaslu has performed preventive measures several times by asking the KPU to give a lawful response to letter No. 115/S.Perm/THN-AMIN/II/2024 on the independent audit of the electoral IT system of the KPU RI dated February 7, 2024, which the Anies Baswedan-Muhaimin Iskandar campaign team (timnas) had sent.

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At the preliminary hearing, Candidate Pair Number 1 Anies-Muhaimin alleged that the vote count results of 96,214,691 votes or 58.6 percent for Candidate Pair Number 2 Prabowo-Gibran was secured through methods that violated the fundamental principles of elections and the standards governing the conduct of elections, particularly the principles of free, honest, and fair election.

The Petitioner alleges that actions undertaken by the president, ministers, acting regional heads, and village officials, which involve the abuse of authority and the utilization of government programs and state budget resources to benefit Candidate Pair 02, may constitute a violation as regulated in the provisions of Article 282 and Article 283 paragraph (1) of the Election Law. Therefore, the Petitioner argues that the Constitutional Court can reasonably conclude that the vote results cannot be utilized to determine the winner of the presidential election.

In the petitum, the Petitioner formally urged the Constitutional Court to invalidate KPU Decision No. 360 of 2024, pertaining to the Stipulation of National Election Results, and to declare the disqualification of Presidential and Vice-Presidential Candidate Pair Number 2 Prabowo-Gibran from participating in the 2024 election. Additionally, the Petitioner requests the annulment of the KPU decree associated with the declaration of Candidate Pair Number 2, specifically concerning the assignment of number for their participation in the presidential and vice-presidential election. Furthermore, the Petitioner appeals to the Constitutional Court to direct the KPU to organize a revote (PSU) by excluding Candidate Pair Number 2 Prabowo Subianto and Gibran Rakabuming Raka. Additionally, the Petitioner requests that Bawaslu oversee the execution of this directive.

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR              : Fauzan Febriyan
Translator    : Fuad Subhan (RA)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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