"Based on the description of the legal considerations, according to the Court, the petitioner's a quo argument has no legal basis," Judge Guntur Hamzah stated at the MK in Jakarta on Monday.
Hamzah made the statement during the decision hearing for the 2024 Presidential Election Results Dispute (PHPU) case.
Anies-Muhaimin, representing the petitioner side in the case, argued alleged election campaign violations being committed by Minister of Defense and presidential candidate Prabowo, as the drilled well inauguration event in Sukabumi, West Java, was not related to his duties and functions as defense minister.
In its consideration, the MK looked at the video questioned by the petitioner side. The video depicts Prabowo's activities as defense minister on the Gerindra Party's official social media account.
The applicant attached screenshots of the video from another social media platform, namely Kompas Pagi, as evidence. However, he stated that the evidence could not prove that Prabowo had committed violations in the election campaign.
"Moreover, to prove his argument, the applicant did not present evidence in the form of a video uploaded by the Gerindra Party's social media account," Hamzah remarked.
That way, the MK concluded that the evidence attached by the petitioner could not prove that Prabowo had committed election campaign violations.
The petitioner side also claimed alleged election campaign violations being committed when Prabowo attended a house renovation program in Cilincing, North Jakarta, involving the Village Development Officer (Babinsa) in the activity of collecting data on Resident Identity Cards and Family Cards of Cilincing residents.
Based on the argument, Hamzah said his side had conducted a thorough examination, but the petitioner's side could neither explain in detail nor provide sufficient evidence regarding this allegation.
"Thus, the Court cannot further evaluate the evidence submitted by the petitioner," Hamzah stated.
Moreover, the results of Bawaslu's supervision found no house renovation activities carried out by Prabowo in the Cilincing area, so the MK could not prove non-neutrality carried out by Babinsa members as argued by the petitioner.
Hence, the MK stated that the petitioner's argument was legally groundless.
MK read out the decision in the 2024 PHPU Presidential Election case on Monday, April 22, 2024. Chief Justice of MK Suhartoyo knocked the gavel at 08:59 WIB to mark the start of the presidential election dispute trial.
The lawsuit filed by Anies-Muhaimin is registered with Case Number 1/PHPU.PRES-XXII/2024, while Ganjar-Mahfud's lawsuit is registered with Case Number 2/PHPU.PRES-XXII/2024.
Anies-Muhaimin and Ganjar-Mahfud essentially urged the MK to cancel KPU Decree Number 360 of 2024 concerning the determination of the results of the 2024 presidential and vice presidential general elections.
They also appealed to the MK to disqualify the Prabowo Subianto-Gibran Rakabuming Raka pair as participants in the 2024 presidential election.
They also called on the MK to order the KPU to re-vote for the 2024 presidential election without including Prabowo-Gibran.
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Translator: Nadia Putri Rahmani, Cindy Frishanti Octavia
Editor: Rahmad Nasution
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