Amicus Curiae Briefs Keep Coming Past Deadline

Arief Poyuono submitting an amicus curiae brief on behalf of the Federation of BUMN Workers Unions, the Palm Oil Plasma Farmers Association, and the Indonesian Anti-Corruption Committee (KAKI), Thursday (4/18/2024). Photo by MKRI/Fauzan.

JAKARTA (MKRI) — The submission of amicus curiae (friend of the court) briefs to the Constitutional Court (MK) for the 2024 presidential election results disputes closed on Tuesday, April 16, 2024. Until Wednesday, April 17, 23 briefs from academics, university students, and civil society organizations have been submitted.

Despite this fact, amicus curiae briefs kept coming to the Court. Thursday morning until afternoon, April 18, the Court received ten more briefs, where head of the public relations division of the task force for the 2024 election results dispute Immanuel Hutasoit accepted the documents in person. As of today, the Court has received 33 amicus curiae briefs.

Today Arief Poyuono and Arifin Nur Cahyono arrived in the Court’s second building to hand in the briefs on behalf of the Federation of BUMN Workers Unions, the Palm Oil Plasma Farmers Association, and the Indonesian Anti-Corruption Committee (KAKI), and as Indonesian citizens.

“We are submitting our inputs from the perspectives of morality and ethics in governance, specifically for the constitutional justices to consider when rendering decisions on the 2024 presidential election results disputes,” Arief said.

Next, Arief and Arifin gave a statement to the constitutional justices, whose main point was that they considered the victory of Presidential Ticket 02 Prabowo Subianto-Gibran Rakabuming Raka in the 2024 presidential election legitimate and there had been no fraud in the election process.

They also asserted that the constitutional justices must have felt that Indonesia is in need for the right figures to lead the country to be more sovereign in its own country. “Look at [Indonesia’s] mines, all controlled by foreigners. Therefore, in order to maintain the balance of its natural ecosystems, we ask that the Constitutional Court justices make a decision with their wisdom and discretion,” Arief said.

This morning, head of the Legal Affairs and Registrar Administration Bureau Fajar Laksono stated that the panel of justices had agreed that only the amicus curiae briefs received by the Court by 16:00 WIB of April 16 will be considered. The deadline is the same as that for the submission of final arguments by the petitioners, respondent, relevant party, and the Election Supervisory Body (Bawaslu). Nevertheless, the Court will still accept application after April 16.

Arief admitted that it would not be a problem for the briefs not being considered for having been submitted today. “It is okay for the briefs not to be considered. However, we made our statement for the constitutional justices so that they also hear the voice of workers and farmers, who also need peace of mind,” he said.

Also read: Record Number of “Amicus Curiae” Briefs in the 2024 Presidential Election Dispute at the Constitutional Court

Meanwhile, a forum of retired military and police officials—consisting of Gen. (retired) Fahrur Rozi, Gen. (retired) Tyasno Sudarto, Gen. (retired) Sutiyoso among others—also submitted their legal opinions on the presidential election results dispute cases. In its written statement, the forum expressed its support for the constitutional justices in making considerations that deliver justice to the general public who have been harmed by the planning, implementation, and post-implementation process of the 2024 general election, which ignored the Constitution, laws and regulations, and ethics.

“We also support the constitutional justices to make considerations that election results are not only about numbers and statistics; to view election results holistically and integrally as a democratic process that must be upheld, despite violations by election organizers and even state administrators that undermines democracy and public trust,” the statement read.

Activists of the 1998 Reformation also submitted an amicus curiae brief. In the brief, they expressed their grief and concern for the nation that is returning to its lowest point.

The activists felt compelled to rectify the nation’s direction, which has strayed away from the spirit of the 1998 Reforms. Practices of corruption, collusion, and nepotism continue to run rampant and undermine the life of the nation. Not to mention, those in power is currently at the peak of its arrogance as they build a dynasty in repeat of what happened in 1998.

As of Thursday afternoon, the Court has received 33 amicus curiae briefs regarding the 2024 presidential election results disputes from academics, cultural figures, artists, advocates, and university students as institutions, groups, and individuals. Here is the list of the briefs submitted to the Court as per Thursday, April 18:

  1. Brawijaya (Barisan Kebenaran untuk Demokrasi)
  2. Tim Pembela Demokrasi Indonesia (TPDI)
  3. TOP GUN
  4. Alliance of Academics and Civil Society
  5. Center for Law and Social Justice of the Law Faculty of Gadjah Mada University (UGM)
  6. Pandji R. Hadinoto
  7. Busyro Muqoddas, Saut Situmorang, Feri Amsari, Usman Hamid, Abraham Samad, and others
  8. Students organizations of Gadjah Mada University (UGM), Padjajaran University (Unpad), Diponegoro (Undip), and Airlangga University
  9. Megawati Soekarnoputri, Hasto Kristiyanto
  10. Indonesian Young Advocates Forum (FAMI)
  11. Indonesian Constitutional Rights Advocates Foundation (Yakin)
  12. Alliance of Enforcers of Indonesian Democracy (APDI)
  13. Stefanus Hendriyanto
  14. Komunitas Cinta Pemilu Jujur dan Adil (KCP-JURDIL)
  15. Indonesian American Lawyers Association (IALA)
  16. Reza Indragiri Amriel
  17. Gerakan Rakyat Penyelamat Indonesia dengan Perubahan
  18. Burhan Saidi Chaniago (student of STIH GPL Jakarta)
  19. Tim Advokasi Peduli Hukum Indonesia
  20. M. Subhan
  21. Gerakan Rakyat Menggugat (GRAM)
  22. Tuan Guru Deri Sulthanul Qulub
  23. Habib Rizieq Shihab, Din Syamsudin, Ahmad Shabri Lubis, Yusuf Martak, and Munarman
  24. Gen. (retired) Tyasno Sudarto, Lt. Gen. (retired) Soeharto, Dindin S. Maolani, Rizal Fadillah, Dr. Marwan Batubara, Maj. Gen. (retired) Soenarko, M. Mursalin, Syafril Sjofyan M.M.
  25. Impian Indonesia
  26. Religious and community figures Pastor Victor Rembeth, Habib Muchsin Al Athas, Muhammad A.S. Hikam, Yanuar Nugroho, A. Shephard Supit
  27. Arief Poyuono (chairman of the Federation of BUMN Workers Unions, chairman of patrons of the Palm Oil Plasma Farmers Association) and Arifin Nur Cahyono (chairman of the Indonesian Anti-Corruption Committee, secretary-general of the Palm Oil Plasma Farmers Association)
  28. Students senate of Driyarkara Philosophy College
  29. A forum of retired military and police officials
  30. J.B. Soebtoro
  31. Henry Sitanggang & Partners
  32. Sutarno and Wisran
  33. Activists of the 1998 Reformation

Also read:

Alliance of Academics and Civil Society Become Amicus Curiae for Constitutional Court

Megawati Soekarnoputri to Be Amicus Curiae

IALA and Habieb Rizieq Serve as Amicus Curiae for Constitutional Court

The Court is hearing election results dispute cases No. 1/PHPU.PRES-XXII/2024 by Presidential Ticket 01 Anies Rasyid Baswedan-Muhaimin Iskandar and No. 2/PHPU.PRES-XXII/2024 by Presidential Ticket 03 Ganjar Pranowo-Mahfud MD. The Court has finished examining both cases. The Court will render its judgment on April 22.

Author       : Utami Argawati
Editor        : Nur R.
Translator  : Yuniar Widiastuti (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.

Thursday, April 18, 2024 | 19:26 WIB 100