MK Closes Opportunity to Summon President Jokowi in Dispute on Presidential Election Results

The Constitutional Court closed the opportunity to summon the President to testify in the presidential election dispute. Apart from the fact that it is already understood, there is also no time.

KOMPAS

Defense Minister Prabowo Subianto-President Jokowi was uploaded to Prabowo's Instagram account on Sunday (24/3/2024). Allegations of cheating by President Jokowi in the 2024 Presidential Election, which was followed by Prabowo and his eldest son, Gibran Rakabuming Raka, have prompted many to hope that the President will be called upon to testify in the Constitutional Court trial, while the Court has stated that it would not be appropriate for the President to appear in a presidential dispute case.

JAKARTA, KOMPAS — The Constitutional Court said the hearing of the parties involved in the presidential dispute over election results had been completed. Because of this, the option of summoning President Joko Widodo for questioning regarding allegations of promiscuity during the 2024 presidential election campaign has been closed. Spokesperson for Constitutional Justice Enny Nurbaningsih emphasized that no more parties will be summoned again because all the facts can already be understood.

"There will be no more parties to be called as all the facts have been understood and time does not allow for it," said Enny when contacted on Monday (8/4/2024).

He explained that the process of proving the election dispute results (PHPU) for the presidential election has been completed. The eight constitutional judges who examined and adjudicated the case have been able to capture the facts that emerged in the trial, which he considers transparent to the public.

Also read: The reasons for not summoning the President to the Constitutional Court trial are considered to be far-fetched

"Just waiting for the conclusions from each party. "Currently the judge is studying all these facts to form a legal opinion," he said.

KOMPAS/ADRYAN YOGA PARAMADWYA

Constitutional Justice Enny Nurbaningsih reads the decision at the Constitutional Court (MK) Building, Jakarta, Wednesday (30/11/2022).

Description is very important

Previously, lecturer in Constitutional Law at Gadjah Mada University, Herlambang Perdana Wiratraman, said that the Constitutional Court actually has the authority to summon President Joko Widodo and ask for information for the examination of the 2024 PHPU Presidential Election case. Reasons for not summoning the President as a symbol of the head of state is considered to be far-fetched.

"But, it seems that the panel of constitutional judges has not given way (to summon the President)," he said (Kompas.id, 8/4/2024).

He added that President Jokowi's statement was actually very important in the examination of the dispute over the results of the presidential election which was handled by the MK.

President Jokowi's statement is actually very important in the examination of the presidential election results dispute trial handled by the Constitutional Court.

Previously, in a hearing with the agenda of hearing testimony from four ministers of the Indonesia Maju cabinet, namely Coordinating Minister for the Economy Airlangga Hartarto, Minister for Human Development and Culture Muhadjir Effendy, Finance Minister Sri Mulyani Indrawati, and Social Affairs Minister Tri Rismaharini, on Friday (5/4/2024), Constitutional Judge Arief Hidayat stated that it is improper for the president as the head of state and also a symbol of the country to be present in the trial.

KOMPAS/PRADIPTA PANDU MUSTIKA

Constitutional Justice Arief Hidayat reading out the decision on the dispute over the results of the legislative general election at the Constitutional Court Building, Jakarta, Tuesday (6/8/2019).

Not good

According to Arief, the Constitutional Court has considered the witness examination in the presidential election dispute resolution to be completed on Friday. After the Eid al-Fitr holiday, a deliberation meeting of judges is scheduled to take place on April 16-19, 2024. The judge's decision, according to the plan, will be announced on April 22.

When asked whether Arief's statement was the stance of the Constitutional Court (MK) institution, Enny Nurbaningsih requested that the matter be asked directly to the person in question.

When contacted separately, Arief Hidayat stated that his statement during the hearing, as stated in the transcript uploaded on the website mkri.id, calling for the president as the Head of State of the Republic of Indonesia seemed inappropriate. This is because the president acts as both the head of state and government.

KOMPAS

During the constitutional court hearing on election disputes, Justice Saldi Isra asked about the considerations used in determining the areas of President Joko Widodo's official visits and social assistance during the 2024 election period.

Also read: Democrats criticize the president regarding girls in the interests of the country

"If it were just a matter of the head of government, we would bring them to this hearing. However, because the president is the head of state, a symbol of the country that must be respected by all stakeholders, we have called on their assistants, and these assistants are related to the plaintiff's arguments," said Arief in the hearing last Friday.

Arief emphasized that the attitude arises from the judge's question as judges have independence. He also stated that during the trial, he correctly conducted political and legal education to the public who witnessed the trial.