TIMNAS Anies Baswedan-Muhaimin Iskandar (Amin) and TPN Ganjar-Mahfud MD have filed a lawsuit at the Constitutional Court regarding the results of the 2024 elections. One of the requests requested is a re-vote without candidate number 2, Gibran Rakabuming Raka.
Responding to this, member of the advisory board of the Association for Elections and Democracy (Perludem), Titi Anggraini, emphasized that the Constitutional Court must ensure that the trial process is open, transparent and accountable and provides adequate space for the parties to prove their arguments.
“The Constitutional Court must also consistently implement MKMK decisions regarding preventing conflicts of interest in handling cases,” said Titi to Media Indonesia, Sunday (24/3).
Apart from that, said Titi, there must be effective internal control and supervision so that none of the Constitutional Court ranks involved in handling disputes over general election results (PHPU) carry out transactional actions or deviate from the existing rules of the game.
So it might have a negative impact on the credibility and integrity of the Constitutional Court in the eyes of the public in handling disputes over the 2024 election results.
“The MK must be able to maintain public trust, where the MK must be able to use this PHPU moment to convince the public that the MK is indeed independent and capable of deciding the PHP as impartially as possible and free from political intervention in any form,” he said.
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Titi said the PHPU at the Constitutional Court was a channel for parties who objected to the determination of election results carried out by the KPU which might have an impact on the number of seats.
In presidential elections, PHPU can also include applications that affect who can enter the second round.
Titi explained that the application must be able to prove that the objection arguments they put forward are reasonable and will have a significant impact on the election results, affecting the acquisition of seats or the existence of a second round of presidential elections.
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“Petitioners must be able to prove their arguments and convince the judge that what they are requesting is legally grounded,” he said.
“This can be done if the applicant packages his application firmly, solidly and argumentatively, and is supported by very adequate evidence,” he added.
Titi assessed that this evidence was able to build a common thread with various arguments, legal facts, as well as the demands or petitum submitted by the applicant. Evidence can be in the form of written documents, statements from witnesses, expert statements, or party statements.
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On the other hand, Titi stated that the applicant’s ability to summarize data, facts and arguments in a quality and weighty application would make it easier to convince the judge to accept the applicant’s arguments.
Especially if it is strengthened by an effective evidentiary process and is able to inspire a sense of justice in the panel of Constitutional Court judges handling PHPU cases.
“The PHPU application at the Constitutional Court is not only a matter of the applicant’s objections, but it is also a legal instrument so that elections and democracy are upright and consistent in accordance with constitutional election values and principles,” he explained.
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This is done so that there can be serious corrections in terms of the legal framework, stage management, capacity and integrity of organizers, and law enforcement in organizing elections.
“Apart from that, so that violations and allegations of fraud are not immediately revealed just because there are election results,” explained Titi.
“Processes that are considered problematic must of course be corrected through legal mechanisms that have been provided by the constitution and law as a lesson so that in the future no one will tolerate and normalize election violations or fraud, no matter how small,” he stressed. (Ykb/Z-7)
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