JAKARTA - Deputy for Law for the National Winning Team (TPN) Ganjar-Mahfud Todung Mulya Lubis emphasized that President Joko Widodo's alignment with one of the presidential and vice presidential candidates in the 2024 presidential election could trigger impeachment.
In Article 7A of the 1945 Constitution, it is stated that impeachment can be submitted if the president is proven to have violated the law in the form of betrayal of the state, corruption, bribery, and other serious crimes.
This was in response to Jokowi's statement that the president and minister could campaign and take sides. Todung said that Jokowi's jokes in the election did not rule out the possibility of committing a disgraceful act that violated the constitutional mandate.
"If the president does not carry out his duties, in accordance with applicable legal provisions, then this could be interpreted as a disgraceful act. And if this is concluded as a disgraceful act, then this can be used as an excuse for impeachment," said Todung at the Media Center TPN Ganjar-Mahfud, Central Jakarta, Thursday, January 25.
Todung reminded that Jokowi must remember the oath of office pronounced while serving as President of the Republic of Indonesia, namely promising to implement the constitution and law. Jokowi as President must be above all groups, above all groups, above all ethnicities, religions, and political parties. This is mandated in the 1945 Constitution.
In addition, Todung emphasized that Article 282 of Law Number 7 of 2017 concerning Elections states that state officials are prohibited from making decisions and/or taking actions that benefit or harm one of the election participants during the campaign period.
Then, Article 282 of Law Number 7 of 2017 emphasizes that state officials are prohibited from holding activities that lead to partiality to election participants before, during and after the campaign.
"Try reading carefully these 282 and 283 articles. Try reading the presidential oath in Article 9 of the 1945 Constitution. It will be very easy to conclude that taking sides in elections and the presidential election will injure the integrity of the elections and presidential elections, will erode neutrality in elections and presidential elections, will make elections no longer overflowing and jurdil," he added.
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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.
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