Small Chance of Disqualification for Prabowo-Gibran's Candidacy at Constitutional Court, Expert Says

TEMPO.CO, Jakarta - University of Indonesia (UI) election expert Titi Anggraini estimates that the Constitutional Court (MK) will not disqualify running pair number 02 Prabowo-Gibran in accordance with the request of Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud Md, in the presidential election dispute.

"I doubt that the Constitutional Court will come to that conclusion,” Titi told Tempo on Monday, April 8, 2024.

She explained why it was unlikely that the Constitutional Court would disqualify the candidate pair number 02. First, Anies-Muhaimin and Ganjar-Mahfud both disputed Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the age limit for presidential and vice-presidential candidates. 

"But the Constitutional Court is also part of it. So, it is impossible for the Constitutional Court to use PHPU by placing Decision 90 as a violation," said this Constitutional Law Lecturer.

Second, she said, cocnerning the validity of Gibran's candidacy due to ethical violations by the General Election Commission (KPU). According to Titi, the weight of blame lies with KPU. 

"Learning from disputes over regional head election results, the Constitutional Court has never disqualified candidates due to violations committed by KPU," said Titi. 

Titi said, the judges will highlight the constitutionality of the process, especially about the alleged structured, systematic and massive (TSM) election violations. 

"I believe there will be surprises from the Constitutional Court's decision. Something that will contribute to the improvement of Indonesia's elections, or  at least be a lesson for the 2024 regional head elections," said Titi. 

The presidential election dispute hearing has been concluded on Friday. At the last hearing, the Constitutional Court presented four of Jokowi’s ministers.  

The four were Coordinating Minister for Economic Affairs Airlangga Hartarto, Coordinating Minister for Human Development and Cultura; Affairs Muhadjir Effendy, Minister of Finance Sri Mulyani, and Minister of Social Affairs Tri Rismaharini. In addition, the Constitutional Court also presented the Honorary Council of Election Organizers (DKPP) in the final session.

The five of them became witnesses in the presidential election dispute hearing. The court scheduled a decision hearing on April 22, 2024.

AMELIA RAHIMA SARI

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