JAKARTA - Needdem strongly criticizes President Joko Widodo's statement that the president and minister may take sides in the presidential election, as long as they do not use state facilities.
The President also stated that this was related to the political rights of citizens and political positions held by each state official.
Direktur Perdem Khoirunnisa Agustyati, pernyataan Jokowi berpotensi menjadi alasan pembenar untuk pejabat negara dan seluruh aparatur negara untuk menunjukkan keberpihak politik di dalam penyelenggaraan pemilu.
"The President's statement is very shallow, and has the potential to be a justification for the President himself, the Minister, and all officials under him, to actively campaign and show partiality in the 2024 General Election," Khoirunnisa said in an official statement, Wednesday, January 24.
Khoirunnisa also said Jokowi's statement had the potential to make the process of holding the election fulfilled by cheating, and causing unfair and undemocratic elections.
Khoirunnisa assessed that Jokowi clearly had a direct conflict of interest with the winning of the 2024 General Election. Because his biological son, Gibran Rakabuming Raka, is a candidate for Vice President Number Urut 2, accompanying Prabowo Subianto.
"In fact, the neutrality of state apparatus is one of the keys to realizing honest, fair, and democratic election operations," he said.
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Khoirunnisa believes Jokowi only refers to the provisions of Article 281 paragraph (1) of Law no. 7 of 2017 which reads: The Election Campaign that includes the President, Vice President, Ministers, governors, deputy governors, regents, deputy regents, mayors, and deputy mayors must meet the provisions: a. Not using facilities in their positions, except for security facilities for state officials as stipulated in the provisions of the legislation; and b. Go on leave outside of state dependents.
In fact, in Law no. 7 of 2017, especially in Article 282 of Law no. 7 of 2017 there is a prohibition on state officials, structural officials, and functional officials in state positions, as well as village heads are prohibited from making decisions and/or taking actions that benefit or harm one of the election participants during the campaign period.
"In this context, President Jokowi and all his ministers are clearly state officials. So there are limits for the President and other State Officials, including the Minister, not to take action or make decisions that benefit certain election participants, let alone to be carried out during the campaign period," said Khoirunnisa.
Not only that, Khoirunnisa said that if there is an action by the president, whatever it takes, if it is done not in a state of leave outside the state's responsibility, but in favor of certain election participants, it is clearly an election violation.
Including the actions of the Minister, who took certain actions, which benefited certain election participants, were violations of the election campaign. Moreover, the action was not carried out on leave outside of state responsibility.
In Article 283 paragraph (1) of Law no. 7 of 2017, Khoirunnisa continued, there are also provisions governing state officials who and state civil servants who are prohibited from carrying out activities that lead to partiality to election participants before, during, and after the campaign.
"This provision clearly wants to ensure that state officials, especially at the level of the president and the minister, do not carry out activities that lead to partiality to certain election participants. In fact, the ban is given for a wider scope of time, before, during, and after the campaign," he said.
Related to this, Perludem urged Jokowi to withdraw his statement. In addition, Bawaslu was also asked to take firm action against all forms of neutrality and partiality of state officials and state officials.
"We also urge all state officials, all state apparatuses to stop activities that lead to partiality, abuse government programs that lead to support for certain election participants," Khoirunnisa said.
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