Jakarta, Legal Literacy - Delve into the Usage Social assistance, the Constitutional Court Considers the Request to Present Sri Mulyani to Airlangga. The legal counsel for Anies Rasyid Baswedan-Muhaimin Iskandar has submitted a request to the Constitutional Court to summon several ministers who are members of the Advanced Indonesia Cabinet in the hearing regarding the 2024 Presidential Election results dispute. This request is also supported by the legal counsel for Ganjar Pranowo-Mahfud MD. They argue that the testimony from these ministers is important to deepen the understanding of social aid distribution policies during the election process.
The legal counsel for Anies Rasyid Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD requested the Constitutional Court to summon several related ministers, including Minister of Finance Sri Mulyani Indrawati, Minister of Social Affairs Tri Rismaharini, Minister of Trade Zulkifli Hasan, and Coordinating Minister for Economic Affairs Airlangga Hartarto, to provide information in the 2024 Presidential Election results dispute trial. They argue that information from these ministers is crucial to delve into the social aid distribution policies during the election period.
Ari Yusuf Amir, one of the legal counsels from Anies-Muhaimin, asserted that clear and detailed information from the four ministers is very important in the presidential and vice-presidential election results dispute (PHPU) trial. They believe that these four ministers can provide relevant explanations related to the facts and evidence that have been presented to the constitutional judges, especially regarding the distribution of social aid (bansos).
Todung Mulya Lubis, legal counsel for the Ganjar Pranowo-Mahfud MD team, officially supported the Anies-Muhaimin team's request to present a number of ministers in the trial. However, in this context, if the Anies-Muhaimin team wants the presence of four ministers, the Ganjar-Mahfud team requests the Constitutional Court (MK) to present only three ministers. In addition to the Minister of Finance and the Minister of Social Affairs, they also requested the Constitutional Court to present the Coordinating Minister for Human Development and Culture, namely Muhadjir Effendy.
"We have submitted many things related to social aid, its relation to fiscal policy and others. Therefore, we also want to submit the same request (to present ministers)," said Todung in a hearing at the Constitutional Court, Jakarta, Thursday (28/3/2024).
On Thursday morning until night, the follow-up hearing of the Presidential and Vice-Presidential Election Results Dispute (PHPU) was held. The agenda of the hearing included the presentation of answers from the General Election Commission (KPU), related parties, as well as information from the Election Supervisory Body (Bawaslu).
We have submitted many things related to social assistance programs (bansos), including in the context of fiscal policy and other aspects. Therefore, we would also like to submit the same request to present the relevant minister.
Maqdir Ismail, legal counsel for the Ganjar-Mahfud team, added that the request to present witnesses or experts from the ministries is crucial to prove the arguments that have been submitted to the constitutional court panel. This is especially related to the social assistance policies implemented by the government during the election stages.
Social assistance is used based on the State Revenue and Expenditure Budget (APBN), which belongs to the state, not individual ownership. The use of budget from the government for various social assistance programs implemented leading up to the election is estimated to reach a very large amount, which is around Rp 495 trillion.
"We hope to be given the opportunity to request their presence so that they can explain the basis and considerations for the use of social assistance which amounts to Rp 495 trillion," said Maqdir.
Otto Hasibuan, legal counsel for the related party, Prabowo Subianto-Gibran Rakabuming Raka, stated that they leave the decision regarding the request to present ministers to the wisdom of the constitutional court panel. However, Hasibuan emphasized that in the context of the General Election Results Dispute (PHPU), this is not a matter of norms being proposed. Therefore, according to him, statements from ministers are actually not needed in the hearing.
"The relevance of the presence of the minister for this case also needs to be considered," he said.
Regarding the request, the Head of the Examining Judge Panel, Suhartoyo, stated that the panel will consider the request to present the ministers in the trial. However, the Constitutional Court will also be careful in summoning the minister because there is a potential for bias that could affect the objectivity of the trial. If it is indeed necessary, the presence of the ministers is not as witnesses or experts, but rather as parties who want to provide relevant information to the court.
"The Court can summon as long as it is needed by the court. It could be that what was proposed earlier is indeed needed as well. It also greatly depends on our discussions in the judges' deliberation meeting," he said.
If a number of ministers are later presented in the trial, Suhartoyo emphasized that the parties involved in the dispute are not allowed to ask questions to the ministers. This is because it is the court that needs information from the ministers, so the court is authorized to ask questions.
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