Can The Constitutional Court Summon President Jokowi To Testify at the 2024 Presidential Election Dispute Session

TEMPO.CO, Jakarta - The Civil Society Coalition for Democracy and Anti-Corruption asked President Joko Widodo or Jokowi to be present at the 2024 presidential election dispute before the Constitutional Court. They said the President is considered to have influenced the course of the General Election, including his nomination of his eldest son, Gibran Rakabuming Raka, as Prabowo Subianto's vice presidential candidate.

"We consider it important and urge the Constitutional Court to immediately present and ask for information from President Jokowi at the Constitutional Court Session," said a representative of the civil society coalition, Usman Hamid, when met at the Constitutional Court Building, Central Jakarta, on Thursday, April 4, 2024.

Can the Constitutional Court summon President Jokowi?

Mulawarman University Constitutional Law expert Herdiansyah Hamzah said that President Jokowi's presence and testimony in this trial are quite important to make the Constitutional Court's decision more comprehensive. "Moreover, the testimony of 4 Ministers regarding the alleged politicization of social assistance yesterday needs to be confirmed to make it brighter," Herdiansyah said when contacted on Saturday, April 6, 2024.

President Jokowi's presence and testimony, according to Herdiansyah, will strengthen whether or not the arguments stated by the applicant are true, especially in the polemic over the alleged politicization of social assistance for electoral purposes. "I am sure the President knows. And this is not only good for the Court and the applicant. But also for the President," he said.

By providing testimony, Herdiansyah said, the President was given space to dismiss and prove the arguments presented by the petitioners at this trial. "This is positive, so the President should be pleased to attend," he said.

At the hearing last Friday, Constitutional Judge Arief Hidayat said it was inappropriate for the Constitutional Court to bring the President to this trial. The president, as Head of State, is a symbol of the state that must be upheld by all stakeholders.

Herdiansyah then flicked the statement of Constitutional Judge Arief Hidayat. According to him, the position of the Constitutional Court and the President are indeed equal as high state institutions. "However, the Constitutional Court is God in the trial. They have the authority to summon anyone," he said.

Constitutional Law expert at Sebelas Maret University, Agus Riewanto, said that there are no clear rules governing whether or not there is value in the Court summoning a President to provide testimony in court. "However, it all depends on the needs of the Court. If the Constitutional Court needs it, it can be done," he said.

Previously, Constitutional Court spokesperson Enny Nurbaningsih also ensured that there would be no summoning of other witnesses to provide testimony in the 2024 Presidential Election dispute trial. The Constitutional Court considered that the testimony of four cabinet ministers of President Jokowi was sufficient to provide information.

"It's finished. It has been deemed sufficient because it is indeed a speedy trial (quick proof), it is impossible for us to invite so many parties, unless the PUU (Law Testing) trial is different," said Enny, after the 2024 presidential election dispute trial at the Constitutional Court Building, Central Jakarta, on Friday, April 5, 2024.

KAKAK INDRA PURNAMA | ADINDA JASMINE PRASETYO | ANDI ADAM FATURAHMAN

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