Figgo Secenko / IBL 2A / 13501810012

CONSTITUTIONAL COURT DEBATE

Presidential Election 2019 is an annual event in Indonesia, every elected presidential

candidate will be the head of executive power for the next 5 years. The executive sector is in
charge of running the country economic growth and goals. That is why the presidential
election event is very exciting for Indonesia citizens and politicians. The newest election is
held on April 17th, 2019. There are two presidential candidates in this election the first
candidate is Mr. Jokowi as president and Mr. Ma’ruf as vice president, the second candidate
is Mr. Prabowo as president and Mr. Sandiaga as vice president. Both candidates are
supported by a different coalition of political parties.

On the same day of the election on April 17th, 2019. There is at least 10 private quick
count institution participate on counting votes, the result from that institutions are different
from one and another. The quick count result on average shows that candidate number one
wins the election with 54% votes and the candidate number two only gets 45% votes. The
official count result was confirmed by General Election Commissions (KPU) in Mei 22,
2019. The candidate number one wins with 55.5% votes and candidate number two only gets
44.5% votes.

Mr. Prabowo and Mr. Sandiaga are refuse to accept the official count result, they
claim that their loss is caused by dishonest and cheating. Based on regulation in Indonesia,
the election result dispute will adjudicate by the constitutional court (MK). The legal team of
candidate number 2 filed a lawsuit to the constitutional court on April 24, 2019. Candidate
number 2 has prepared various evidence supporting their claims in the court, they also claim
the governing government is involved in this dispute. The principal claim of the lawsuit is to
declare “not valid” the decision of the General Election Commissions (KPU) decree number
987/PL.01.08-KPT/06/KPU/V/2019, about victory establishment of candidate number 1.

The court trial began on July 09, 2019. The court requires the plaintiff to provide
valid evidence to support their claims in order to wins the case. However, after explaining the
evidence and witness testimony, the judges believe that claims are only based on assumptions
without valid evidence. One of the plaintiff claims is there is an indication of underage
voters, double votes, fakes district, and fake citizenship identification code. judges claim the
evidence provided by the plaintiff cannot be proved, the plaintiff also not specifically
explained the lawsuit claims. Therefore, the judges rejected the plaintiff claims.

The constitutional court final result was announced to the public on June 27, 2019.
The final decision was approved by 9 constitutional judges, the court rejected all claimant
lawsuit against the General Election Commissions (KPU) and General Election Supervisor
(BAWASLU). The reason for this decision is because of a lack of evidence and only based
on assumptions, which against the main purpose of the law and to reach justice based on
truth.
 Figgo Secenko / IBL 2A / 13501810012

In point of view, this case is complicated and full of pressure caused by the
presidential election topic. The plaintiff from the begging tends to hide the evidence from the
public, it affects public opinion about the election and caused riots with violence in Jakarta.
Although the plaintiff has submitted many different claims with evidence, that evidence does
not support the claim because it is unprovable. There are also fraud claims which are out of
Constitutional Court authority, therefore the election claims outside the technical problems
should be reported to General Election Supervisor. It shows that the plaintiff tends to bluff
without valid proof. because of that, I think the judge's decision is correct and based on the
regulation in Indonesia.