The Right Of The DPR's Angkat Only Makes The 2024 Election Affairs Add Runyam?

The atmosphere of the 12th Plenary Meeting of the DPR RI during the III Session Period of the 2023-2024 Session Year at the Parliament Complex, Jakarta, Tuesday (6/2/2024). (Between/Good Ahmad Rizaldi)

JAKARTA The chaos of various allegations of fraud in the implementation of the 2024 General Election has made the discourse on the use of the DPR's right to inquiry continue. This happened because the implementation of the presidential election was said to be full of structured, systematic, and massive fraud (TSM).

It is Ganjar Pranowo, presidential candidate number three, who first issued the discourse on the DPR's right to inquiry. The PDIP presidential candidate said that the right of inquiry, which is the right of investigation by the DPR, is one of the efforts to hold the General Election Commission (KPU) and the Election Supervisory Body (Bawaslu) accountable for alleged fraud in the 2024 presidential election.

"If the DPR is not ready for the right of inquiry, I encourage the use of the DPR's right to interpellation to criticize fraud in the 2024 presidential election," said Ganjar in a written statement, on 19 February.

The 2024 presidential election was marked by a number of dramas, even before the day the voting arrived on February 14. Starting from the age lawsuit for the presidential and vice presidential candidates which was granted by the Constitutional Court (MK) so that it smoothed the steps of Jokowi's eldest son, Gibran Rakabuming Raka, to run in the 2024 presidential election accompanying Prabowo Subianto.

Three days before his calm period, or to be precise on February 12, the documentary Dirty Vote shocked the public. It contains the alleged election fraud, which he said was designed in recent years.

Then when the results of the quick count from a number of survey institutions stated that the Prabowo-Gibran pair was superior to above 55 percent, the allegations of cheating were increasingly massively launched by the opposing camp.

The idea of the DPR's right to inquiry was initiated by Ganjar Pranowo, then received by Anies Baswedan positively. The number one presidential candidate said the parties in the Change Coalition, namely PKB, Nasdem, and PKS were ready to work together.

"I see that with the picket initiative, the process in the DPR can run. We are ready with the data and under the leadership of the largest faction, the DPR process can run. I am sure that the Change Coalition party is ready to be a part of it," said Anies.

Citing the official DPR website, the right of inquiry is one of the three privileges owned by the DPR. According to the 1945 Constitution, especially Article 20A paragraph (2), in carrying out its functions, the DPR has three rights consisting of the right of inquiry, the right of interpellation, and the right to express opinions.

These three DPR privileges are further regulated in Law Number 17 of 2014 concerning the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, and the Regional People's Representative Council (UU MD3).

Meanwhile, Article 79 paragraph (3) of the MD3 Law states that the right of inquiry is the DPR to conduct an investigation into the implementation of a law and/or government policy relating to important, strategic, and broad impacts on the life of the community, nation and state that are suspected of contradicting the laws and regulations.

The issue of the DPR's right of inquiry to resolve allegations of election fraud has led a number of experts to speak up. Yusril Ihza Mahendra, an expert on constitutional law as well as the Steering Committee for the Prabowo-Gibran National Campaign Team (TKN), said that to resolve dissatisfaction with the implementation of the election and the results could not be done by using the right of inquiry, but the Constitutional Court.

"Can the right of inquiry be used to investigate allegations of fraud in the election, in this case the presidential election, by the losing party? In my opinion, it is not because the 1945 Constitution has provided special arrangements for disputes over election results that must be resolved through the Constitutional Court," said Yusril, quoted by Antara.

Furthermore, Yusril explained that the Constitutional Court's decision in adjudicating a presidential election dispute would create legal certainty, while the use of the DPR's right to inquiry would bring this country to uncertainty.

"The use of inquiry can make the dispute over the results of the presidential election drag on without clarity when it will end. The result of the inquiry is only in the form of a recommendation or at the very far is a statement of opinion from the DPR," said Yusril.

Meanwhile, Vice Presidential Candidate number three Mahfud MD said that the application for the right of inquiry in the DPR was very permissible to respond to allegations of fraud in the 2024 General Election. The former Coordinating Minister for Political, Legal and Security Affairs explained that the inquiry applied was not for the election, but a policy based on certain authorities.

"If possible, it is very permissible. Who says it does not match. Regarding who can be skyrocketed, the government, in this case, is related to policies, not the election results," said Mahfud.

However, he said the right of inquiry would not affect the election results. The right of inquiry will also not change the KPU's decision or change the Constitutional Court's decision which has its own path.

"The right to inquiry will not change the KPU's decision, it will not change the decision of the Constitutional Court in the future, that is a separate route, according to the constitution, the DPR has the right to conduct an inquiry or investigation examination and in certain ways in government policy," he said.

Reporting from Kompas, the DPR used the right of inquiry once during the two terms of President Joko Widodo's administration, in 2017 to be exact. But that right was not used for government policies, but for the performance of the Corruption Eradication Commission (KPK).

The DPR used the right of inquiry after the KPK's refusal at the request of Commission III to open the recording of Miryam S Haryani, a member of the DPR who became a suspect in giving false information in a corruption case in the procurement of electronic ID cards.

Meanwhile, Indonesia Corruption Watch (ICW) noted that during the two terms of President Susilo Bambang Yudhoyono's administration from 2004 to 2014, the right of inquiry was used 16 times.

Some of them are the right of inquiry to investigate Pertamina's policy regarding the sale of two very large gauge tankers (very large crude carriers/VLCCs), the right to inquiry the Century Bank scandal, then the right to inquiry the government's policy to increase the price of fuel oil (BBM).

During the SBY administration, the right of inquiry was also used to investigate the implementation of the 2008 Hajj which was considered very bad. Then a year later, the right of inquiry was used after the uniformness of the permanent voter list (DPT) in the 2009 election.