President Jokowi's Netrality In Elections Is Considered Bantat

Taking sides or neutral when someone holds a position like President Jokowi? (Andry Winarko VOI)

JAKARTA - Jokowi's statement at Halim Perdana Kusuma Air Force Base that the president may take sides and campaigns have drawn reactions from various parties. This statement, for some groups, became a trigger and encouragement to re-question Jokowi's neutrality.

Although the president later clarified that the statement was made because he answered questions from journalists who asked about the minister involved in the campaign for one of the candidate pairs. He then replied that ministers and officials such as the president have the right to campaign and take sides are contained in the law.

Even the president showed evidence of the article which stated this, namely article 299 of Law No. 7 of 2017 that the president and vice president have the right to campaign. Also article 281 states that campaigns that include the president and vice president must meet the provisions, not use office facilities, except escort and undergo leave outside of state dependents.

Responding to the statement that later became a broad polemic, Yusril Ihza Mahendra, an expert on constitutional law in the presidential candidate pair No. 2, Prabowo-Gibran, said that there was nothing wrong with the president's statement. The president as a political official according to the law has the right to campaign and take sides, as long as it is in accordance with the provisions of the rules and leave. In accordance with article 299 of the Election Law, the president and vice president are not prohibited from campaigning, either in the presidential election or legislative member elections, in a written statement.

However, groups of constitutional law activists and State Administration Laws who are members of the Constitutional and Administrative Law Society (CALS) immediately reacted to the statement. The motorcycle group of former Deputy Minister of Law during the SBY era, Denny Indrayana, in a press statement, said the president's statement contradicted the previous president's statement that he would be neutral and asked all his staff to be neutral.

Jokowi's statement seemed to give a legal basis for something that was actually unethical and violated the principle of justice in the election, this action was unconstitutional for violating the principles of the article 22E of the 1945 Constitution.

"As president, Jokowi should have allowed everything to proceed according to the rules of the game, without the need to make statements that justify violating ethics and law. Let the competent institutions carry out their duties according to the law, the president should not make any justifications," wrote a statement sent to VOI.

For this reason, they urged the president to withdraw his statement about the ability to campaign and pay attention to propriety in all his actions and words, given his capacity for office.

Meanwhile, a constitutional law expert, Bivitri Susanti, commented on the president's defense which stated that the provisions were in Article 299. But according to her, the meaning of the article must be understood in 3 paragraph. Also with other related articles such as Articles 300 and 301 that the president has campaign rights, yes. But it is in the context that the president is the incumbent and will come forward again.

On several occasions, Bivitri also assessed that the president's statement had met the requirements to be impeached, the president was deemed to have issued a despicable statement that the president could side with and may campaign. Article 7 A concerning the conditions for impeachment of a president may be dismissed if he committed a disgraceful act, indeed in article 299 it was stated that the president could campaign. But in an explanation of article 300, 301 it was stated that he could campaign if he was an incumbent who ran for re-nomination, or was included as a campaign team from his party. The same opinion was made by the General Chairperson of the YLBHI Management, Muhammad Isnur. He considered Jokowi's statement to be campaigning and taking sides is very dangerous for the rule of law and democracy, as well as the continuity of the Indonesian elections. In accordance with Article 281, if the president wants to campaign must be on leave on behalf of Jokowi personally. Jokowi as president must be on leave. But how do we separate Jokowi as private and Jokowi as president. He asked, especially the DPR, not to remain silent, the DPR as supervisor must evaluate and process this action, because it endangers democracy.

The statement also drew a reaction from the Deputy for Law for the Ganjar-Mahfud National Winning Team, Todung Mulya Lubis, who regretted the president's statement. According to him, an unprecedented statement, including by the president before him. He considered that the statement was very pleasing, it could be considered as a statement about the nature of the president's inherent nature. Because according to Todung, quoting the law that the president has been sworn in to stand above all groups, all religions, all tribes. My loyalty is only to the people and the state without discriminating.

Referring to the Election Law there is the principle of Luber-jurdil (Honest and Fair). According to him, the president's statement hopes for realizing it cannot be achieved, because of the potential conflict of interest that occurs. Because the president has great power and authority that can negate the principles of the election that Luber and Jurdil have.

He added that the president's statement was categorized as a disgraceful act. Article 9, if this happens, the president does not meet the requirements as president. This has been fulfilled by Article 7 A. Todung also reminded the president to carry out regulations as straight as possible. Because this can be an excuse for impeachment," explained Todung at the press conference at the TPN Jakarta media Center, January 25.

The President's statement also became the trigger, the Petition 100 group, which some time ago had called for the idea of impeachment of Jokowi. Groups consisting of Amien Rais and a number of figures including Marwan Batubara, Abdullah Hehamahua, Edi Swasono and a number of retired figures seemed to have received momentum from the president's statement. The moment pushed them back to call for the idea of sexualizing to the public.