Muhammad Fakhruddin, Jakarta – State administrative law expert Yusril Ihza Mahendra said on Monday that the House of Representatives lacks the authority to overturn the results of the presidential election, even though it can initiate an investigation.
According to Yusril, the focus of a House inquiry is limited to the government and its agencies. As the elections are organized by the General Election Commission (KPU), an independent body, a House inquiry cannot alter the election results certified by the KPU.
"A House inquiry can only target the government, while the KPU is an independent commission," Yusril said in an exclusive interview with BTV news broadcaster.
Lawmakers may investigate allegations of government interference in the elections and provide recommendations, but they are unable to change the certified election results. Yusril stressed that final and binding decisions regarding election disputes can only be issued by the Constitutional Court – a separate branch from the legislature.
Yusril also noted that the current House members lack the ability to impeach President Joko "Jokowi" Widodo by initiating an inquiry.
Given the level of support from the pro-government coalition in the legislature, seeking approval from the majority of lawmakers for a House inquiry would be an almost impossible task. Yusril added that the process to secure majority support would be time-consuming, and President Jokowi's term expires on October 20.
"An investigation targeting the impeachment of the president may take more than a year," Yusril said.
Presidential candidate Prabowo Subianto and running mate Gibran Rakabuming Raka – President Jokowi's eldest son – are expected to win the Feb. 14 election by 58 percent of the vote, according to analyses by independent pollsters and the interim tally by the KPU.
While rival candidates' camps have complained about discrepancies in the vote tally published on the KPU website, and some polling stations had to undergo a revote for various reasons, there have been no reports of widespread voter fraud that could alter the outcome.
President Jokowi faced criticism after his 36-year-old son became eligible to contest the election, courtesy of a Constitutional Court ruling that amended the minimum age requirement of 40, making exceptions for candidates serving in elected public office.
Gibran was elected as the mayor of Solo three years ago and became eligible to contest the presidential election under the ruling issued in October by a panel presided over by his uncle, Anwar Usman, who was then the chief justice of the Constitutional Court.
Source: https://jakartaglobe.id/news/yusril-explains-why-house-inquiry-cant-affect-election-result