The victory of the Prabowo-Gibran pair is legal

The Constitutional Court's decision to reject all requests to dispute the results of the 2024 presidential election was marked by different opinions from three judges.

KOMPAS/RONY ARIYANTO NUGROHO

The presidential-vice presidential candidate pair of Prabowo Subianto and Gibran Rakabuming Raka before delivering their victory speech at Istora Gelora Bung Karno, Jakarta, on Wednesday (14/2/2024).

JAKARTA, KOMPAS - The Constitutional Court or MK rejected all requests to dispute the results of the presidential election submitted by presidential and vice presidential candidates Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD. The Constitutional Court's decision, which was accompanied by a dissenting opinion from three judges, validated Prabowo Subianto-Gibran Rakabuming Raka's victory in the 2024 Presidential Election.

For the first time, there is a different opinion in the Constitutional Court's decision regarding the dispute over the presidential election results. In its verdict, the Court also conveyed notes for improvement of future elections.

Based on the Constitutional Court's decision, Anies-Muhaimin and Ganjar-Mahfud accepted and respected it. Congratulations on the job to Prabowo-Gibran were also conveyed. After the trial of the presidential election results dispute at the Constitutional Court is complete, the General Election Commission (KPU) will appoint Prabowo-Gibran as the elected president-vice president pair on Wednesday (24/4/2024).

During the reading of MK's verdict, Prabowo was in his office at the Ministry of Defense. On Monday night, he returned to his residence. "We are grateful that the process at the MK has been completed and now we will prepare for the future," said Prabowo.

Also read: MK Rejects Application of Anies-Muhaimin and Ganjar-Mahfud, Three Judges "Dissenting Opinion"

Prabowo assessed that the Constitutional Court had carried out a difficult task. Next, he will come to the General Election Commission on Wednesday. Prabowo also expressed his gratitude to the public for their support and all parties who have worked hard for his victory.

Ganjar and Mahfud also agreed to accept the Constitutional Court's decision. "We congratulate the winner and hopefully the nation's homework can be resolved soon," said Ganjar.

Meanwhile, Mahfud highlighted three constitutional judges with different opinions, namely Saldi Isra, Enny Nurbaningsih, and Arief Hidayat. According to the former Chief Justice of the Constitutional Court, a new history in the development of law has been written because for the first time in handling the election dispute by the Constitutional Court, there were differing opinions. "Apparently, this cannot be reconciled, hence the dissenting opinion," he said.

Through a recorded video, Anies and Muhaimin expressed their respect for the verdict of the Constitutional Court. However, Anies reminded all parties to continue strengthening democracy. Muhaimin specifically appreciated the three judges who had differing opinions and considered them as the hope for upholding the constitution and restoring the dignity of the constitution in the future. "The verdict of the Constitutional Court is not surprising, it confirms that we, including the Constitutional Court, are powerless in stopping the erosion of democracy in our country," he said.

Also read: PDI-P Says the Constitutional Court Failed to Be a Stronghold of the Constitution and Democracy

KOMPAS/HENDRA A SETYAWAN

The atmosphere of the reading of the verdict of the Presidential and Vice Presidential Election Dispute (PHPU) of 2024 by the constitutional judges at the Constitutional Court in Jakarta on Monday (22/4/2024).

The reading of the verdict for two presidential election dispute cases was read sequentially, starting from Anies-Muhaimin, then Ganjar-Mahfud. Although there were protests from a group of demonstrators demanding that the Constitutional Court accept the applicants' petition for the dispute, the reading of the verdict could still proceed until completion. The protesters gradually dispersed after the verdict was read.

During the announcement of the decision by the eight constitutional judges, judge Anwar Usman was not present at the Constitutional Court building. The former Chairman of the Constitutional Court was prohibited from handling the presidential election case due to potential conflicts of interest with his nephew, Gibran. "As far as I know, Anwar Usman did not go to the office," said the spokesperson of the Constitutional Court, Fajar Laksono.

Not proven

In terms of MK's legal considerations, the judges rejected all of the petitioner's arguments as they were not proven in court. The arguments, which were grouped into six clusters, were the independence of the election organizers, the validity of the presidential and vice presidential nominations, social assistance (bansos), mobilization/neutrality of state officials/civil servants, election organizing procedures, and the utilization of the Recapitulation Information System (Sirekap).

Although rejecting all of the petitioner's arguments, the judge provided a series of notes for improvement in future elections. Regarding the distribution of social assistance during elections, for example, the Court believes that the formation of legal norms that regulate restrictions on the use and linkage between government programs and private interests, especially in connection with electoral contests or other electoral interests is necessary.

Also read: Prabowo's camp says there are political parties supporting Ganjar and Anies who will join soon

KOMPAS/HENDRA A SETYAWAN

The presidential and vice-presidential candidate pairs Anies Baswedan-Muhaimin Iskandar (right) and the pair Ganjar Pranowo-Mahfud MD follow the reading of the verdict on the Dispute over the Results of the 2024 Presidential Election at the Constitutional Court in Jakarta on Monday (22/4/2024).

"The legal norms need to be formed immediately before the next election, including the local head election," said Constitutional Judge Ridwan Mansyur. The National Simultaneous Local Elections (Pilkada) for 2024 will be held in November.

Notes were also given regarding the neutrality of police forces in elections. The court views neutrality of the police as an important aspect of democracy principles. Without neutrality, democracy can be threatened by authoritarianism. "Thus, it is hoped that a strong system can be established to anticipate state apparatus' non-neutrality in organizing elections," said constitutional judge Suhartoyo.

In addition, the performance of the General Elections Supervisory Agency (Bawaslu) is also being scrutinized. Constitutional judge Enny Nurbaningsih reminded that Bawaslu could lose its existence if it doesn't change. "If there are violations at every stage of the election, Bawaslu must enter the substance of reports or findings to prove whether there has been a substantial violation of the election, including in this case the election of regional heads," said Enny.

Meanwhile, Saldi in his dissenting opinion stated that the applicant's arguments regarding the politicization of social assistance and the mobilization of state officials/state administrators had legal grounds. Therefore, the Court should order re-voting in several regions. In line with Saldi, Enny and Arief also felt that the MK should order re-voting in several regions. The reason is similar because they assess the lack of neutrality of state officials. (ANA/SYA/WIL/DYT/TIO/GIO/NIA/BOW/DNA/PDS)