First Dissents in History of Presidential Election Results Dispute
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Both petitioners with their legal teams after the ruling hearing of the presidential election results dispute (PHPU), Monday (4/22/2024) in the plenary courtroom. Photo by MKRI/Teguh.


JAKARTA (MKRI) “Only today did the Constitutional Court decide the presidential election results dispute cases [and] there were dissenting opinions,” said by Moh. Mahfud MD, vice-presidential candidate 03 and the Petitioner in Case No. 2/PHP.PRES-XXII/2024 after the ruling hearing for the 2024 presidential election results disputes.

“Only happened today that the presidential election results disputes ruled with dissenting opinions. Historically, dissenting opinions in such cases were unheard, as justices typically deliberated extensively to reach consensus due to the significance of the positions involved. However, achieving unanimity may not always be possible. This marks a historical record,” explained Mahfud, who served as chief justice of the Constitutional Court from 2008 to 2013.

Meanwhile, Presidential Candidate 03 Ganjar Pranowo, who was also in attendance, acknowledged and accepted the Constitutional Court’s decision that rejected his petition. He also extended his congratulations to Prabowo-Gibran as the declared winners of the presidential election.

“Mr. Mahfud and I have concluded our journey today, and whatever the decision, we have agreed to accept it. We extend our congratulations to the winner, and we hope that the nation’s challenges can be swiftly addressed in the future,” he stated in the Constitutional Court on Monday, April 22, 2024.

Ganjar said that the process in the Constitutional Court had unfolded as expected. He expressed gratitude for the support from volunteers and the community. Additionally, the former Central Java governor commended the Constitutional Court for its role in the process. Moreover, he noted the dissenting opinions in the Court’s decision.

“I appreciate the panel of justices for overseeing this process from the outset, diligently deliberating until a decision was reached, even with the inclusion of dissenting opinions. What is noteworthy from [my] perspective is that the dissenting opinions highlighted the rejection of the exceptions presented,” he continued.

Also present was the legal team of Presidential Ticket 01 Anies Baswedan-Muhaimin Iskandar, who issued a statement to the press. Ari Yusuf Amir stated that they respect all of the Court’s decisions.

“We, legal team of Presidential Ticket 01, are grateful. Alhamdulillah, there are still three justices in the Constitutional Court who truly exhibit statesmanship. When we consider the dissenting opinions of these three justices, it is indeed remarkable as such an occurrence is rare, highlighting their unified perspective. Secondly, amidst ongoing debates regarding the Constitutional Court’s authority, the decision by the eight justices affirmed the Court’s jurisdiction. Therefore, the Constitutional Court aligns with the stipulations set forth, being more than just a calculating court,” he said.

Refly Harun, another member of the legal team, underscored the significance of three exceptional constitutional justices. Despite the formal rejection of the petition by the Constitutional Court, these three justices stand out. They are Deputy Chief Justice Saldi Isra, Constitutional Justice Enny Nurbaningsih, and Constitutional Justice Arief Hidayat, all esteemed professors in their field.

“So, if we seek an enlightening decision, it is what the three dissenting justices articulated. What is intriguing is that if the approach taken by the five constitutional justices had been applied to presidential election disputes, the petition would never have been swiftly adjudicated like this. Initially, it was claimed that there wasn’t sufficient evidence, and then witnesses and experts weren’t included, despite the limitation set at nineteen by the Court. It is simply impossible to present a case in just one day. Fortunately, Prof. Saldi Isra emphasized that proceedings like this should serve to seek the justices’ confidence [in the petitions],” said Refly.

Unsurprising

Yusril Ihza Mahendra of the legal team of Presidential Ticket 02 Prabowo Subianto-Gibran Rakabuming Raka said the Court’s decisions on the 2024 presidential election results dispute were unsurprising. He revealed that the team had predicted that the Court would reject the petitions filed by Presidential Ticket 01 Anies Rasyid Baswedan-A. Muhaimin Iskandar and Presidential Ticket 03 Ganjar Pranowo-Mahfud MD. He made this statement after the ruling hearing.

“We have predicted that both petitioners were unable to substantiate their allegations in the proceedings,” he said when interviewed in the Constitutional Court building. The Court’s decisions refuted the allegations of election violations that both Anies-Muhaimin and Ganjar-Mahfud had made relating to abuse of power, nepotism, use of social assistance for political gains, violations relating to the KPU’s recapitulation information system (Sirekap), and mobilization of interim regional heads. “So, all [allegations] were refuted, exactly what we have asserted before the rulings,” he added.

Yusril said that both Anies-Muhaimin and Ganjar-Mahfud had not been able to prove their allegations of election violations. Four ministers of the Onward Indonesia Cabinet had made testimonies that in themselves had refuted the petitioners’ allegations. “[The allegations] were mere narrative, without any evidence, even with the witnesses’ and experts’ testimonies and pieces of evidence brought to the hearings,” he continued.

These rulings, Yusril said, marked Prabowo-Gibran’s victory of the 2024 presidential race. They will soon be appointed presidential and vice-presidential-elect by the KPU. “The next action would be the KPU certifying the candidates-elect in the 2024 presidential election, that is, Prabowo Subianto and Gibran Rakabuming Raka,” he stressed.

He said the three justices’ dissents did not have any influence on the rulings. He said the Court has rejected the petitions by Presidential Ticket 01 Anies Rasyid Baswedan-A. Muhaimin Iskandar and Presidential Ticket 03 Ganjar Pranowo-Mahfud MD.

“So, despite three justices giving dissenting opinions, there is no impact on the Constitutional Court’s decisions that both petitions have been rejected in their entirety by the Court,” he emphasized.

Consequences

KPU chairman Hasyim Ashari said all subject matters in the petitions by Presidential Ticket 01 Anies Rasyid Baswedan-A. Muhaimin Iskandar and Presidential Ticket 03 Ganjar Pranowo-Mahfud MD have been declared legally groundless. Consequently, they were rejected in their entirety.

Another consequence of the Court’s rulings, he stressed, “The KPU Regulation No. 360 of 2024 on the certification of the national results of the general election has been declared legitimate and in effect.”

At the ruling hearing for the 2024 presidential election results dispute on Monday, April 22, 2024, the Court rejected petitions by Anies-Muhaimin and Ganjar-Mahfud and declared them legally groundless. “[The Court] rejects the Petitioner’s petition in its entirety,” Chief Justice Suhartoyo declared.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Fuad Subhan, 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.


Monday, April 22, 2024 | 21:07 WIB 292