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
No comments:
Post a Comment