Exploring the Use of Social Assistance, MK Considers Application to Present Sri Mulyani and Airlangga

Statements from a number of ministers are considered necessary to explain the social assistance distributed during the election phase.

KOMPAS/HENDRA A SETYAWAN

Constitutional Judge Suhartoyo (center) discussed with Constitutional Judges Arief Hidayat and Saldi Isra in a hearing on the dispute over the results of the presidential election in the 2024 general election at the Constitutional Court in Jakarta, Thursday (28/3/2024).

JAKARTA, KOMPAS — Legal counsel for Anies Rasyid Baswedan-Muhaimin Iskandar asked the Constitutional Court to present a number of ministers members of the Advanced Indonesian Cabinet in the trial of the dispute over the results of the 2024 Presidential Election. This request also received support from legal counsel Ganjar Pranowo-Mahfud MD because the ministers' statements are needed to deepen information about the policy of distributing social assistance during the election stages.

The ministers who were requested to attend the hearing are Finance Minister Sri Mulyani Indrawati, Social Affairs Minister Tri Rismaharini, Trade Minister Zulkifli Hasan, and Coordinating Minister for Economic Affairs Airlangga Hartarto.

Ari Yusuf Amir, one of Anies-Muhaimin's attorneys, said that clear and detailed information from the four ministers was needed in the trial of the dispute over the results of the general election (PHPU) for president and vice president. The four ministers can be asked for an explanation regarding the facts and evidence that have been submitted to the panel of constitutional judges, especially regarding the distribution of social assistance (bansos).

KOMPAS/RONY ARIYANTO NUGROHO

Minister of Finance Sri Mulyani (left) and Coordinating Minister for Economic Affairs Airlangga Hartarto after attending the Kompas100 CEO Forum Powered by East Ventures event at the State Palace in Jakarta on Friday (2/12/2022).

The legal representative of Ganjar Pranowo-Mahfud MD, Todung Mulya Lubis, supports the request of the Anies-Muhaimin team to summon a number of ministers. If the Anies-Muhaimin team wants to summon four ministers, the Ganjar-Mahfud team asks the Constitutional Court to summon three ministers. In addition to the Minister of Finance and the Minister of Social Affairs, they also ask for the presence of the Minister of Human Development and Cultural Affairs Coordinator, Muhadjir Effendy.

"We have submitted many requests related to social assistance, fiscal policies, and others. Therefore, we also want to submit the same request (to bring in the minister)," said Todung during the hearing at the Constitutional Court in Jakarta on Thursday (28/3/2024).

The continued hearing of the presidential and vice presidential election dispute took place on Thursday morning until evening with the agenda of delivering responses from the General Election Commission, related parties, and the Election Supervisory Agency's testimony.

We have submitted many requests related to social assistance, fiscal policies, and others. Therefore, we also want to submit the same request (to have the minister present).

Ganjar-Mahfud's legal counsel, Maqdir Ismail, added that a request to bring witnesses or experts from the ministry is needed for the evidence related to the arguments that have been presented to the constitutional court. This is particularly related to the social assistance policies carried out by the government during the election period.

Because the use of social assistance comes from the State Revenue and Expenditure Budget (APBN), not the property of certain individuals. The government's budget allocated for various social assistance programs ahead of the election is considered to be very large, at Rp 495 trillion.

"We hope to be given the opportunity to request their presence so that they can explain the basis and considerations for the use of social assistance funds amounting to Rp 495 trillion," said Maqdir.

Also read: Disbursement of Social Assistance in Election Year

Otto Hasibuan, legal representative of the related party, Prabowo Subianto-Gibran Rakabuming Raka, stated that they submitted the decision on requesting the presence of the minister to the constitutional judge panel. However, it should be considered that the case being tried is electoral dispute, not about a norm submission. Therefore, the testimony from the minister is actually unnecessary.

KOMPAS/RONY ARIYANTO NUGROHO

The atmosphere at the applicant's table prior to the preliminary hearing of the presidential election dispute case in the 2024 General Election at the Constitutional Court in Jakarta, with the applicants being the presidential and vice-presidential pair of Ganjar Pranowo and Mahfud MD, on Wednesday (3/27/2024).

"It is also necessary to consider the relevance of the minister's presence in this case," he said.

At the request, the Chairman of the Examination Judges, Suhartoyo, stated that the panel will consider the request to bring the ministers to the trial. The Constitutional Court will also be cautious if it needs to summon those ministers because there may be bias. If the ministers have to be present, their presence is not as witnesses or experts, but rather as parties whose testimony is sought by the court.

"The court can summon as needed by the court. It is possible that what was proposed earlier is also needed. It also depends on our discussions in the judges' council meeting," he said.

Also read: Be Careful of the Politicization of Social Assistance Ahead of the 2024 Election

If a number of ministers are brought to trial, Suhartoyo emphasizes that parties should not ask questions. This is because the court is the party that requires statements from the ministers, so only the court is allowed to ask questions.