Deputy Chief Justice Saldi Isra, Chief Registrar Muhidin, and Chief Justice Suhartoyo (left to right) at a hearing for the 2024 presidential election results dispute for case No. 1/PHPU.PRES-XXII/2024, Monday (4/1/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) will summons four ministers of the Indonesia Onward Cabinet to hear their testimonies at a hearing for the 2024 presidential election results dispute (PHPU) for, which will be held on Friday, April 5, 2024 in the plenary courtroom. The four ministers are Coordinating Minister for Human Development and Culture Muhadjir Effendi, Coordinating Minister for Economic Affairs Airlangga Hartarto, Minister of Finance Sri Mulyani Indrawati, and Minister of Social Affairs Tri Rismaharini. Additionally, the Court will also present the Election Organizer Ethics Council (DKPP).

This announcement was made by Chief Justice Suhartoyo at the second hearing of the 2024 presidential election results dispute (PHPU) on Monday, April 1 in the plenary courtroom. Chief Justice Suhartoyo clarified that the summons was by the request of the Petitioners of cases No. 1/PHPU.PRES-XXII/2024 and 2/PHPU.PRES-XXII/2024 but the constitutional justices.

“As discussed in the justice deliberation meeting (RPH), universally, judicial bodies are impartial and binding on all parties involved. Therefore, accommodating evidence requested by only one party could lead to partiality. Thus, our decision to summons these ministers is solely for the benefit of the justices,” the chief justice stated.

Trade Minister’s Involvement

In the second session on the same day, the national campaign team of Candidate Pair 01 Anies Rasyid Baswedan-Muhaimin Iskandar (AMIN) as the Petitioner of case No. 1/PHPU.PRES-XXII/2024 also presented witnesses. One of them was Mirza Zulkarnain, director of the legal aid institute LBH Yusuf and head of the administration division of the AMIN national legal team. He explained that the Prabowo-Gibran candidate pair had committed electoral violations.

“Here I will explain some of the election violations committed by [Candidate Pair] 02 and the involvement of certain institutions. First, LBH Yusuf submitted a petition to the Constitutional Court Ethics Council (MKMK). [We requested] MKMK’s decision regarding the judicial review case No. 90 [of 2023], which was granted by the constitutional justices. Secondly, we filed an objection to the [General Elections Commission (KPU)] on the certification of Presidential Ticket 02 Prabowo Subianto-Gibran Rakabuming Raka,” Mirza explained.

Mirza added that LBH Yusuf also reported campaign violations by the campaign team of Candidate Pair 02 Prabowo Subianto-Gibran Rakabuming Raka. The first one was committed by vice-presidential candidate Gibran. He gathered village chiefs at an event called the united villages national declaration at Gelora Bung Karno (GBK) Stadium in Senayan, where he presented his vice-presidential vision and mission.

“Secondly, I also reported Zulkifli Hasan for the campaign violation of gathering the association of Indonesian market vendors in Semarang in his position as Minister of Trade. The event’s MC asked for support and prayers for Mr. Prabowo as presidential candidate 02. This was the event of the [Ministry] of Trade but Mr. Zulkifli Hasan used it to campaign,” said Mirza before the constitutional justices.

He also said that he had reported the Minister of Trade for a digital marketing event, which hundreds of market vendors in Solo attended. “We also reported [it] to the Central Java Bawaslu and asked for quick verification, but [they] said there had been no violation despite the obvious fact that Mr. Prabowo also attended it and campaigned there,” Mirza said.

Report to Bawaslu

The statement was echoed by witness Muhammad Fauzi, who explained that on Sunday, November 19, 2023 20,000 village chides had attended a similar event called united villages national declaration organized by the Indonesian Association of Village Administrations (APDESI).

“Vice-Presidential Candidate 02 Gibran Rakabuming Raka also attended the event. After we found out, the legal team made a report to Bawaslu on November 24, 2023 in which we submitted evidence P-20,” he said.

Five days later on November 29, the team received a softcopy response of their report via WhatsApp. Their report was not registered on the ground of not meeting material requirements.

“Our next legal action was making a report to the DKPP on December 4, 2023, which was only decided on March 20, 2024. There was a significant time lapse until the decision was handed down, where some of the report requests were granted and Bawaslu, which was chaired by Rahmat Bagja, was given a warning,” Fauzi revealed.

Village Heads Summoned

Meanwhile, witness Anies Prijo Ansharie, a member of the Petitioner’s legal team in Central Java, revealed that village heads throughout Karanganyar Regency were summoned by the local police through the head of the village empowerment office on November 29, 2023, but the summon was canceled indefinitely.

“So, 176 village heads were summoned by the local police through the head of the village empowerment office, for the use of provincial budget. The local police summoned them,” he explained.

He said it happened close to the election. “[I] received information directly through WhatsApp that this [summon] was going to happen. At the time, I asked the informant whether anyone was prepared to be a witness or report this,” he stressed.

Mobilization of Village Heads

Allegations of violations were made because village heads had been mobilized to show support for Candidate Pair 02 and threat were made when they failed to declared such support. Witness Andry Hermawan said in Tarik Village in Sidoarjo, village chief Ahmad Irfandi was given suspended sentence of five months in Decision No. 83/Pidb2024/PN Sidoarjo on February 25, 2024. “We also observed the hearings. The M.O. was using village apparatus to support Candidate Pair 02. Their photos were found there. We also received complaints from several village chiefs in Ngawi [Regency] who received threats. Therefore, we asked our team in Ngawi to investigate and find witnesses, but we couldn’t find those to make a report,” he said.

Ballot Irregularity

The next witness, Adnin Armas, recounted the irregularity he saw when he had been a witness at polling stations (TPS) 1 and 2 of Bagaram Village, Passue Subdistrict, Mappie Regency, South Papua Province. He asked that the result forms at those polling stations be disclosed and displayed on screen. The forms revealed that the votes for Candidate Pairs 01 and 03 were corrected with correction fluid. “The votes for Candidate Pair 01, which was 19, were corrected and turned into zero. It also happened with the votes for Candidate Pair 03, which was 135. There were many traces of correction fluid where the votes were turned into zero. When the South Papua KPU and Bawaslu were asked about this, they said they only found out then. Of course we made an objection. We, the national witness team, rejected the recapitulation since we had made a lot of objections,” Adnin said.

This second hearing presented testimonies by experts and witnesses for the Petitioner and approved the Petitioner’s additional evidence. The Anies-Muhaimin pair presented seven experts to testify according to their expertise: Bambang Eka C.W., Faisal Basri, Ridwan, Anthony Budiawan, Vid Adrison, Djohermansyah Djohan, and Yudi Prayudi.

They also presented eleven witnesses: Mirza Zulkarnaen, Muhammad Fauzi, Anies Prijo A., Andry Hermawan, Surya Dharma, Achmad Husain, Mislaini Suci Rahayu, Sartono, Arief Patramijaya, Amrin Harun, and Adnin Armas. These witnesses testified to support the Petitioner’s arguments.

Also read:

Anies-Muhaimin File Petition on Dispute Over Presidential Election Results

Anies-Muhaimin Demand Revote in the Presidential Election Without Prabowo-Gibran

Ganjar-Mahfud File Petition on Dispute Over Presidential Election Results

Ganjar-Mahfud Allege Abuse of Power as Key Violation of 2024 Presidential Election

KPU and Prabowo-Gibran Refutes Allegation of Violations

The Nepotism Allegations Made by the Ganjar-Mahfud Irrelevant

Anies-Muhaimin’s Experts and Witnesses Highlight Gibran’s Candidacy and Social Assistance

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     : Yuniar Widiastuti, 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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