Jimly Asshiddiqie: Let There Be Election Anglement Rights

Jimly Asshiddiqie and Eddy Wijaya. (IST)

JAKARTA - Former Chief Justice of the Constitutional Court Jimly Asshiddiqie did not question if Paslon 01 Anies Baswedan-Muhaimin Iskandar, and Paslon 03, Ganjar Pranowo-Mahfud MD brought the alleged election fraud in the right of inquiry at the House of Representatives (DPR). "Let it be," Jimly said in a chat with Eddy Wijaya on the Edshare On podcast.

According to Jimly, the application for the right of inquiry in the DPR is one of the channels for candidate pairs who lose the 2024 election. Another channel is a lawsuit at the Constitutional Court (MK) or through Bawaslu. Both are important to move anger and disappointment from the streets to the courtroom. This means that the trial of political forums in the DPR and the trial of legal forums in the Constitutional Court and Bawaslu," said the former chairman of the Constitutional Court Honorary Council.

Jimly explained, theoretically the right of inquiry could affect the election results. However, this influence is more on political pressure so that trials at the Constitutional Court and in Bawaslu run professionally and independently. Even though politically it can affect, the independence of the Constitutional Court and Bawaslu must still be maintained," said Jimly Asshiddiqie.

Jimly also does not believe that this political route will open up opportunities to impeach President Joko Widodo because the end of the right of inquiry is law enforcement. It is different if what is rolled out in the DPR is the Right to Declare an opinion that can end in the impeachment of the president.

"But the right to declare opinion is a long process, it could take more than a year. Because after the DPR, it will be tested in the Constitutional Court first, if it is proven that it will only be brought to the MPR for impeachment," said Jimly..

Nevertheless, Jimly appealed to candidate pair number two Prabowo Subianto-Gibran Rakabuming Raka to refrain from winning the 2024 presidential election. The results of the quick count are indeed far apart from other candidate pairs, but the KPU has not announced the election results and there is an opportunity for a lawsuit in the Constitutional Court. So once again please take the political path and legal route at the Constitutional Court.

In chatting with Eddy Wijaya on the EdshareOn podcast, Jimly also mentioned Anwar Usman's legal efforts to return to being the chairman of the Constitutional Court at the State Administrative Court (PTUN). According to Jimly, Anwar Usman has been dismissed from the position of chairman of the Constitutional Court based on the decision of the Honorary Council of the Constitutional Court he leads. The Constitutional Court's decision is also the basis for the appointment of the new Chief Justice of the Constitutional Court, Suhartoyo, on November 13, 2023.

It is an inherent power Constitutional Court as an independent institution to choose its chairman. Outside institutions should not interfere. So there is not the slightest authority of the TUN court to change that," said Jimly.

If the Administrative Court judge is determined to grant President Joko Widodo's brother-in-law's request, Jimly Asshiddiqie stated that the Administrative Court's decision will not be executed because it is not their domain. So if for example granted, the judge deserves to be fired because it makes the image of the court even more damaged. He will definitely embarrass himself and the Administrative Court because the verdict cannot be executed.