IO, Jakarta – There might be good news for Prabowo Subianto – Sandiaga Uno supporters as according to constitutional law expert Refly Harun, the serial number 02 candidate could win in the constitutional court.
Refly stated this during an interview on the show Fakta on TV One. Early on, Refly stated that he was thankful that the National Success Team (BPN) went through the legal route to resolve the 2019 election dispute. “The issue of winning or losing is something else. What is important is to move the dispute to the courtroom,” said Refly. Refly said he hoped that the trials in the constitutional court would go smoothly and openly so that the results could be accepted by both parties.
Refly also explained the two methods used in the proving of election fraud reported by the Prabowo-Sandi BPN. The two approaches are quantitative and qualitative. For the quantitative approach, the BPN must be able to prove they were victims of fraud or there was inflation of votes for the serial number 01 candidate of half of 16 million or more. If they can postulate that, then we can talk about the qualitative aspect of their argument but if even in the appeal it isn’t significant with various proofs and only a claim then it will move to the qualitative aspect,” said Refly.
According to Refly, the quantitative approach was also divided into two parts, one relating to TSM (Structural, Systematic, and Massive) and proving fraud by candidate serial number 01’s side.
“It is important to connect this to an honest election. TSM is difficult to prove because it involves a large distribution of votes and there is a short period of time to work,” said Refly.
Refly also stated that the Prabowo-Sandi BPN must convince the constitutional court judges that the fraud was under a certain sides command. Refly believes that the Prabowo-Sandi side can win if they change the court’s paradigm.
“If the constitutional court wants to change its paradigm, just one proven case of fraud done by a candidate is enough for there to be an election violation,” said Refly.
Even so, the issue is that so far there has never been good enough proof of government employees being told to go in a certain direction under a certain command.
“Proving things like this are difficult, whether or not there is someone commanding or not. The National Police and Army are said to be involved; how do you prove that?” explained Refly.
Refly also believes that if the trials are focused on proof of violations, they can be more measured. “I long for an honest and fair election. An election which isn’t tainted with fraud but I know that the constitutional court judges will implement that for the presidential elections. Just one case of fraud is enough to disqualify (a candidate) because that is an election crime,” said Refly.
Prabowo-Sandi filed the dispute with the courts on Friday (24/5/2019) night. A total of 51 pieces of evidence were submitted in the dispute request for the 2019 Presidential Election. The evidence was submitted directly by the BPN Legal Counsel Team Head Bambang Widjojanto to the constitutional court Junior Registrar Muhidin.
Bambang, early on did not want to explain in detail what the exactly made up the evidence submitted. However, in the end he gave a brief explanation. “There is a combination of documents and witnesses. And there are fact witnesses and also expert witnesses,” said Bambang in the Constitutional Court, Central Jakarta on Friday (24/5/2019). (dsy)