The Rights Of The DPR's Angket Can't Cancel The Results Of The Presidential Election

DOK ANTARA

BANJARMASIN - State Law Expert (HTN) Lambung Mangkurat University (ULM) Banjarmasin, South Kalimantan (Kalsel) Ichsan Anwary assessed that the right of inquiry belonging to the DPR would not be able to cancel the results of the 2024 general election (Pemilu).

"The DPR's right to inquiry only has an impact on state officials, but it cannot cancel the results of the 2024 General Election, especially the presidential election which is being widely discussed everywhere," he said as quoted by ANTARA, Friday, February 23.

Ichsan explained that the application for the Right of Questionnaires can only be made by members of the DPR based on the legal interests and functions of the legislature and should not be mixed with by any party.

"The Constitutional Court (MK) is an institution that is given the authority by the constitution to resolve election disputes, after it is decided the results are final and cannot be influenced by the DPR's Questionnaire Rights," he said.

This provision, in Article 24 C paragraph 1 of the 1945 Constitution which states that the Constitutional Court has the authority to try at the first and last levels whose decisions are final to, one of them, decide disputes over the results of the general election.

Ichsan said that the discussion of the right of inquiry should not be rushed because the election results have not yet been determined by the KPU.

According to Ichsan, the camps should be patiently waiting for the election results, after the results are determined, said Ichsan, if there are parties who feel aggrieved because of fraud and disputes, they are entitled to submit to be examined at the Constitutional Court with various evidences that have been prepared.

After going through a filing procedure and being tried at the Constitutional Court, if the fraud on the results of the votes cannot be proven significantly, then the winner of the election is valid and cannot be canceled.

"For example, if the losing camp manages to prove the fraud of the winner's vote, but the result is still superior to the winning vote, then the Constitutional Court will ignore it and the winner of the election is considered legal," he said.

He said the only way to change the election results was for the losers to be able to prove significantly how many fraudulent votes were made by the winners based on valid evidence.

Ichsan emphasized that the position between the DPR's Administrative Rights and the examination at the Constitutional Court on the election results are two different things whose interests are also different.

He emphasized that the right of inquiry only had an impact on state officials, while the examination at the Constitutional Court had a final impact and could not be contested based on the facts of the trial presented by the parties.

According to him, if there is news that candidate pair number 03 specifically applies for the right of inquiry to be used by the DPR, Ichsan considers this to be a violation of procedures because it is the only member of the DPR who has the right to submit or propose.

However, he did not deny that the candidate pair who proposed the right of inquiry had a strong party background in the DPR.

Therefore, the potential interest of certain parties is considered a factor to influence DPR members using the Right of Questionnaire regarding the results of the 2024 General Election.

"Once again I emphasize, the Right to Questionnaire will not be able to cancel the election results that have been decided by the Constitutional Court, because it is an absolute provision in the constitution," said Ichsan.