Regarding The President Can Campaign And Take Sides, Anies-Imin's Camp Is Afraid Of Jokowi Abuse Of Power

JAKARTA - President Joko Widodo said a president may join the campaign and side with one of the election participants. Responding, the spokesperson for the Anies-Muhaimin (AMINAn National Team) Winning National Team, Iwan Tarigan, is worried that this will make Jokowi abuse his authority.

Iwan views that this statement raises concerns over Jokowi's abuse of power as head of state. This happens in the form of policies or decisions that lead to the benefits of one of the election participants.

"If the president's actions are contrary to the provisions of the legislation, it can be categorized as an act beyond the authority. The president can also be categorized as acting arbitrarily if the decision or action is carried out without the basis of authority and / or contrary to a court decision with permanent legal force., "said Iwan in his statement, Wednesday, January 24.

Iwan explained that the abuse of the president's authority as head of state as well as head of government in elections could be categorized as mixing authority, as referred to in Article 17 paragraph (2) letter b of Law Number 30 of 2014 concerning Government Administration.

"The act of mixing authority can be in the form of actions taken by government agencies / officials outside the scope of the field or material of authority given and / or contrary to the objectives of the authority given," said Iwan.

Although there are no rules that prohibit the president from taking sides and campaigning, Iwan said there are rules that can be interpreted as demands for the president to be neutral in the election.

The regulation, namely Article 48 paragraph (1) letter b of the Election Law, stipulates that the KPU reports to the DPR and the president regarding the implementation of the tasks of organizing all stages of elections and other tasks.

In addition, Article 22 paragraphs (1) and (2) of the Election Law stipulates that the president plays a role in forming the membership of the selection team in determining the candidates for KPU members to be submitted to the DPR. Thus, the president is required to be neutral during the election process.

"If the president's alignment is manifested in the form of a certain policy or decision by using state facilities or using his power to win one of the particular election participants, then this action has the potential to become an abuse of authority," he said.

Previously, Jokowi emphasized that everyone has political and democratic rights, including ministers. In fact, Jokowi said that a president may take sides and campaign.

"The right of democracy, the political rights of every minister are the same. The important thing is that the president may campaign. The president may take sides. Yes," said Jokowi at Halim Perdanakusuma Air Base, East Jakarta.

Jokowi said that as a public official, he and the ministers could do politics. But, what must be remembered, state facilities should not be used other than for their work.

"But the most important thing is that during campaign time you can't use state facilities," he said.

"We are public officials as well as political officials. You can't do this, you can't do politics, you can't. The Minister is also allowed," Jokowi continued.

Even so, Jokowi did not explain much about the certainty of no conflict of interest if the president and ministers sided with certain pairs in the 2024 presidential election. He only said that the law only prohibits the use of state facilities.

"That's all, the one who arranges it can't only use state facilities. That's all," he concluded.