JAKARTA (TheInsiderStories) – The first stage of the dispute resolution session for the 2019 presidential election began today (06/14). This preliminary hearing will invite applicants, defendants, related parties, and the Election Supervisory Agency. The first session agenda will listen to applicant petition.
The legal team of Prabowo Subianto – Sandiaga Salahuddin Uno pair became an applicant with the General Election Commission (GEC) as the defendant. While Joko Widodo – Ma’ruf Amin’ legal team will be a related party.
The series of hearings would begin with a preliminary hearing and the submission of remedial answers and information. Furthermore, there was a hearing on 17-24 June. The third stage is the judge consultative meeting from June 25-27.
If the examination and judicial consultative meeting are completed, the hearing will pronounce the decision on June 28. The result will be released from June 28 to July 2, through a trial of submitting decision copy and loading the page.
Can Opposition Win?
After filing the election fraud suit, various speculations arose whether the opposition can change the GEC official results. With 16.9 million difference votes, this is quite difficult to happen. The opposition at least hopes that there will be a change in yields in the 100-200 thousand polls. Also, the evidence that must be prepared is of course very much.
However, if observed, there are other things that are actually being pursued by the opposition in the lawsuit, especially in the context of politics at the elite level and the legitimacy of the election overall. In fact, if it is able to run according to existing political calculations, it is not impossible that the opposition desired result can be achieved.
After the May 22 riots, Subianto – Uno’ lawsuit to the Court could be interpreted as a tug of the political interests they fought for. Opposition camp aware that to reverse the position with large difference votes will be difficult.
However, it is actually not the case that was pursued by the former general, Subianto. After filling the lawsuit, he stated that the challenge to the Court was not to seek victory or defeat, but wanted to prove the election fraud with they said “structured, systematic, and massive”.
Moreover, in the contents of the lawsuit submitted, it was also stated that the opposition asked the Court to decide not only based on the number of votes. As an independent referee in Indonesia’s top political contest, they said, it is contrary to the constitution, if the Judges only counts the votes, and still wins a presidential and vice presidential spouse, even though the victory is clearly based on wide fraud.
With the current political polarization context and the strength of the post-truth era – with truth often built on political preferences – it is very likely that the issue has a longer end.
If it is able to win public opinion through proof that electoral fraud actually exists, it is very possible that the peoples will judge the election organizers more negatively. After all, democracy always stands on the people’ will. So it is not impossible that the political turmoil that occurs can be different.
Regarding election fraud, the legal team chief Bambang Widjojanto said that his party tried to formulate related frauds that could be qualified as structured, systematic and massive. Both argumentation and evidence have been prepared to prove the accusation.
He asked the Court to work in accordance with the law, not numerical – to calculate the number of the votes – but the substantive law in accordance with Article 22 e paragraph 1 of the 1945 Constitution which said that the election process must be carried out directly, publicly, freely, confidentially, honestly and fairly. So the law must be grounded and rooted in people’s sovereignty.
The opposition has submitted evidence of the state apparatus neutrality. One of them is proof of the non-neutrality of the police that was recognized by regional police leader in West Java, who have been ordered to garner support for Widodo-Amin.
The opposition has proof relating to a final voter list that is unreasonable – 17.5 million people have the same birth. Then it was found that data input errors in the GEC’ calculation system were detrimental to opposition vote acquisition.
Subianto – Uno’ legal team has also submitted additional proofs to reinforce their appeal include videos, written documents, such as the C1 tally forms, and other contents. The team’ appeals are based on qualitative and quantitative arguments to allege Widodo – Amin ticket conducted a structural, systematic, and massive electoral fraud in numerous examples of power abuse and the misuse of state resources.
The teams said five forms of electoral fraud has collected such as misuse of the State budget and government programs, misuse of bureaucracy and State Own Enterprises (SOEs), police and intelligence community’ partisanship, limitations on press and media freedom, and discriminatory legal enforcement.
Furthermore, they added the argument regarding the alleged violation of Law Number 7 Year 2017 concerning elections by the incumbent vice president, Amin. The article states presidential and vice-presidential candidates must include a statement of resignation from employees or officials of SOEs since its registration as participants.
But Amin is still listed as an official at PT Bank BNI Syariah and PT Bank Syariah Mandiri published on the official website of the two government banks. It can annul the candidate pairs if it is valid and can be proven at the trial.
Others were the oddity in the campaign funding donations report by the incumbent. On April 25, it was written that the donations Widodo handed over were Rp9.5 billion (US$664,335) and Rp25 million from Amin. But referring to the state official wealth report announced by GEC, Widodo only pocketed assets of Rp6.1 billion. The data is odd because of Widodo’s wealth to reach Rp13.3 billion for two weeks.
Seeing Widodo – Amin’ long list of cheats to win the election, plus administrative violations that contravene the electoral law, the opposition has a great opportunity to prove the accusations of structured, systematic and massive fraud that could disqualify the incumbent pair. If it happens, a new round of Indonesian politics will begin.
Written by Lexy Nantu, Email: email@example.com