May 28, 2024

MK Rejects All Anies-Muhaimin Applications for the PHPU Presidential Election

The Constitutional Court (MK) rejected all petitions for the dispute over the results of the General Election for President and Vice President (PHPU President) filed by the pair Anies Baswedan-Muhaimin Iskandar (AMIN). Through Decision Number 1/PHPU.PRES-XXII/2024, the Court assessed that the petition of candidate pair number 01 was legally groundless in its entirety.

“In the main petition, reject the petitioner’s petition in its entirety,” said Chief Justice of the Constitutional Court Suhartoyo at the Constitutional Court Building, Central Jakarta (22/4).

Apart from that, Suhartoyo stated that the Court also rejected the objections of the respondent and related parties in their entirety. In its legal considerations, the Constitutional Court grouped AMIN’s arguments into six clusters, namely the independence of election organizers, the validity of Gibran’s candidacy, the politicization of social assistance, the mobilization of state apparatus, election organizer procedures, and the use of the Electronic Recapitulation Information System (Sirekap). However, the judge assessed that the claims submitted by the applicant did not have a strong legal basis; some claims were not even given further consideration because they did not have sufficient relevance.

Three constitutional judges, namely Saldi Isra, Enny Nurbaningsih, and Arief Hidayat, expressed a dissenting opinion in Decision Number 1/PHPU.PRES-XXII/2024. This is the first time in history that a PHPU decision has been characterized by dissenting opinions. Saldi stated that the Constitutional Court should have ordered the implementation of re-voting (PSU) in several regions regarding the politicization of social assistance and the mobilization of State Civil Apparatus (ASN); according to him, this was legally justified.

Enny Nurbaningsih also conveyed the same thing. According to Enny, to ensure that elections are held honestly and fairly, the Court should order PSU to be carried out because it is believed that there has been a lack of neutrality among officials, which is partly related to the provision of social assistance that has occurred in several regions.

Meanwhile, Arief Hidayat said that the Court should order the KPU to carry out re-voting in the electoral districts of DKI Jakarta, West Java, Central Java, East Java, Bali, and North Sumatra within 60 days and prohibit the distribution of social assistance before and during the voting. repeat. []