Muhammad Fakhruddin & Heru Andriyanto, Jakarta – Former Chief Justice of the Constitutional Court, Jimly Asshiddiqie, has advised lawmakers considering an inquiry into the recent elections to exercise caution, as their actions could be construed as participating in a treasonous conspiracy.
Jimly said the House of Representatives' investigation into alleged election fraud should not be misused as a pretext for impeaching the president or overturning the results of the Feb. 14 presidential and legislative elections.
"House members, who are also participants in the general elections, must comprehend the limits of their authority in proposing an inquiry, carefully defining its purpose and substance," Jimly said.
"[The House inquiry] should not be wildly exaggerated into agendas to impeach the president or overturn the election results because such actions could amount to a treasonable offense according to the Criminal Code," he added.
Jimly stressed that in exercising the right to investigate the election, House members should consider the inauguration schedules for the elected president and lawmakers, ensuring adherence to the 1945 Constitution to prevent a power vacuum.
He said the House inquiry must not override the authority of the General Election Commission (KPU) to certify election results unless directed otherwise by the Constitutional Court, the Election Oversight Body (Bawaslu), or the State Administrative Court.
Jimly urged KPU commissioners not to yield to pressure from lawmakers or presidential candidates.
Meanwhile, vice-presidential candidate Mohammad Mahfud MD, expected to lose the election alongside presidential candidate Ganjar Pranowo, rejected the idea of participating in or endorsing an inquiry.
Mahfud, who resigned as the chief security minister before the election, clarified that he cannot engage in an investigation initiated by a House faction because he's not affiliated to any party.
"I will not take part in a House inquiry, not because of a disagreement with Ganjar. According to the constitution, such an inquiry falls within the domain of incumbent political parties in the House, not presidential or vice-presidential candidates," Mahfud explained.
"I'm neither a party member nor a representative in the House. Ganjar, however, is a party member," added Mahfud, who is also a former Constitutional Court chief justice.
Ganjar is an executive of the Indonesian Democratic Party of Struggle (PDI-P), which has expressed discontent about discrepancies in vote tallies published on the KPU website.
The party also questioned the candidacy of Gibran Rakabuming Raka as the running mate of presidential candidate Prabowo Subianto.
Research agencies and the interim tally by the KPU suggest that the Prabowo-Gibran pair is poised to secure the election by approximately 58 percent of the vote. Gibran, the son of President Joko Widodo, became eligible for candidacy after the Constitutional Court amended regulations in October, allowing candidates serving or having served elected public office to contest before reaching the age of 40.
Gibran, 36, became eligible due to his election as the mayor of Solo three years ago.
Source: https://jakartaglobe.id/news/exchief-justice-warns-against-house-inquiry-into-electio