Tuesday, 23 September 2014


Last Thursday [21/8] was a historical day in the political journey of Indonesia. on that day the Constitutional Court [MK] rejected all the claim of the Prabowo-Hatta electoral contestants. MK in their consideration concluded that not a single claim of the Prabowo Hatta team was acceptable in the Court.

About the argument on ignoring of list of power district potential voters [DP4] in the formation of temporary voter’s list [DPS] or list or list of fixed voters [DPT], it was final decision of KPU as organizer on top of structure.

However, the process of stages was bottom up i.e. from the organizer at the bottom level continuing step by step upward in time as elaborated.

By the above consideration, in case of any objection about DPT such as addendum or modification of the number of voters as formulated by the protester, supposedly the dispute was settled by the organizer and participants within that period which legal wise was at the stages as specified above.

As with the protester’s argument about neglect of DP4 in the formation of DPS and DPT, protester did not explain how the neglect happened because they only mentioned data of temporary voters from improved data [DPHSP] which was quoted from, KPU and additional figures which later became figures of temporary voters.

In regard to the formula of additional voters list [DPKtb]. MK believed that one of the rules which regulated Election showed that the State was obliged to stipulate DPT while the citizens had the right to be enlisted in the DPT in the process of election.

By definition, legally and administratively a citizen who had the right to vote were those who were enlisted in DPT. The problem was how a citizen who was legally entitled to vote were not listed in DPT. Furthermore MK, quoting Article 27 point [1] 1945 Constitution and considering verdict of MK No 102/PUU-VII/2009 dated July 6, 2009 and regulating by KPU was not against the Law and Constitution.

In regard to accusation of structurized, systematic and massive violation, by way of mobilization of voters in 46,013 voting centers [TPS], MK rated that all TPS being questioned by protesters were related to dispute of count outcome. In view of the above, the accusation of structurized, systematic, and massive violations were evidently not proven by law.

The same was with other accusations, MK state that no cheating was proven to be structured, systematic and massive which significantly affected vote count. Therefore MK said, the accusation had no legal ground.

It was noteworthy that MK was the last forum to judge KPU’s vote recaputilation which in other words could not be claimed by any other means. So it was most illogical and wise if the election outcome on July 9 last was not verified.

If MK was not accepted as last forum, what other institution could be authorized to settle elections dispute ? The people would be emotionally exhausted if they had to keep on watching battle of opinions. The accusation was learly not proven.

The people who were wise and sensible would certainly not accept psyco-pressures by way of mass mobilization and act of anarchy. The voting count outcome already showed the difference of percentage of votes. The act of protesting KPU was already given enough room. When MK decided to reject the claim, it was only reasonable for the conflicting parties to accept verdict in the spirit of good statesmanship.

In this ever growing democracy, MK’s verdict was not something final. The political elite and public figures with their sense of good statesmanship were obliged to educate the public to acquire political maturity in playing democracy.

Through election process which was democratic and constitutional, the political elite and public figures had lessons to learn. In the end all that matters was Great Indonesia, because MK’s verdict was the victory of all Indonesian people. Now there was no such thing as Pole 1 or 2, there was only Pole 3 the Republic Indonesia.

Now it was about for all the elements of the nation to unite together and work shoulder to shoulder toward building a great nation on global stage. It was only right that the elected President and Vice President Joko Widodo and Jusuf Kalla swiftly start to work.

Jokowi would immediately establish a government, starting with a cabinet. One of the main agenda for the short term was to meet the President-in-office Susilo Bambang Yudhoyono to work things out together, soon to be delegated to the respective ministries.

Worthy of appreciation was Jokowi act when he expressed his highest appreciation to MK for their accomplishments in heading the case of electoral dispute 2014. The public rated that MK and the Honorary Council of Election [DKPP] had been open, transpartent, and professional in performing their duty.

Jokowi-JK was expecting that Prabowo-Hatta shared the same belief that MK’s decision was final and binding. This would boil down to national unity where all political differences would be over and arguments were not to be prolonged. It was indeed not praiseworthy to take legal action from one institution to another or make political maneuvers Parliament to threat the ruling party. (SS)

Business News - August 27, 2014

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