Bareskrim Investigators Search Allegations Of Leaks In The Constitutional Court's Decision On The 2024 Election System

Former Deputy Minister of Law and Human Rights and Former Attorney Mardani H Maming Denny Indrayana. (Ataranews)

The Criminal Investigation Unit of the National Police is investigating the alleged leak of the Constitutional Court (MK) decision regarding the 2024 Election system into a closed proportional system or voting for the party.

The Head of the Public Relations Division of the National Police, Inspector General of Police Sandi Nugroho, said the investigation was carried out after the Criminal Investigation Unit received a police report regarding the alleged leak of the Constitutional Court's decision.

"Currently, investigators from the Criminal Investigation Unit of the National Police are investigating," said Sandi in his statement, Friday, June 2, which was confiscated by Antara.

The investigation was based on a police report reported by the complainant with the initials AWW on Wednesday, May 31. The report is registered with Number: LP/B/128/V/2023/SPKT/Bareskrim Polri.

"What is reported is the owner or user of the Twitter account @dennyindrayana and the owner or user of the Instagram account @dennyindrayana99," said Sandi.

The owner of the account was reported on suspicion of hate speech, fake news, insults to the authorities and leaks of state secrets as referred to in Article 45 A paragraph (2) in conjunction with Article 28 Paragraph (2) of Law Number 19 Year 2016 concerning Amendments to Law Number 11 Year 2008 concerning ITE and/or Article 14 Paragraph (1) and Paragraph (2) and Article 15 of Law Number 1 Year 1946 concerning Criminal Law Regulations and/or Article 112 of the Criminal Code and/or Article 112 of the Criminal Code and/or Article 207 of the Criminal Code.

In the report, the complainant included two people as witnesses, namely the initials WS and AF, as well as evidence in the form of a bundle of files containing screenshots of the Instagram account @dennyindrayana99 and a white flash drive.

According to the description of the incident, on May 31, 2023, the reporter saw uploads on Twitter @dennyindrayana and Instagram @dennyindrayana99 about the article allegedly violating the ITE Law.

"The post of writing is suspected to contain elements of hate speech, fake news, insults to the authorities and leaks of state secrets," said Sandi.

Previously, Monday, May 29, Coordinating Minister for Political, Legal and Security Affairs (Menkopolhukam) Mahfud MD said the Constitutional Court would look for people suspected of leaking information about decisions related to the judicial review of the legislative election system.

On Sunday, May 28, Denny Indrayana via his Twitter account @dennyindranaya said, "This morning I received important information. The Constitutional Court will decide on the legislative election to return to a closed proportional system, again choosing the party's image mark."

In his tweet, Denny also mentioned the source in the Constitutional Court. However, he confirmed that the source was not a constitutional judge.

From the information he received, Denny Indrayana said that the composition of the Constitutional Court judges who would decide the lawsuit was 6:3. This means that six judges of the Constitutional Court stated that they would decide that the election would return to a closed proportional basis and three other judges would still break the open proportional electoral system.

Thus, Denny said that Indonesia would return to a closed electoral system which he considered authoritarian and corrupt.

Meanwhile, the Constitutional Court accepted a request for a judicial review of Article 168 paragraph (2) of Law Number 7 of 2017 concerning Elections, especially articles related to an open proportional system, which was registered with case registration number 114/PUU-XX/2022 on November 14, 2022.

The six applicants are Demas Brian Wicaksono (Pemohon I), Yuwono Pintadi (Pemohon II), Fahrurrozi (Pemohon III), Ibnu Rachman Jaya (Permohon IV), Riyanto (Pemohon V), and Nono Marijono (Pemohon VI).