The Election Winner is Determined by the MK, Not the Results of the KPU Recapitulation

JAKARTA – Vice presidential candidate (cawapres) serial number 3, Mahfud MD emphasized that the winner of the 2024 Election will not be determined by the decision of the recapitulation results by the General Election Commission (KPU) but rather by the Constitutional Court (MK).

Mahfud explained that the MK would determine the winner of the 2024 election based on two methods. First, confirmation, namely the Constitutional Court’s notification to the KPU that there will be no lawsuit within three days after the KPU’s decision.

“Secondly, the verdict is a final decision because there is a lawsuit that is examined in a trial for a maximum of 14 working days,” said Mahfud via the X account @mohmahfudmd, Friday (22/3/2024).

Mahfud MD’s tweet was also accompanied by a video containing a statement from the Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie.

“The KPU’s decision is not final and binding until there is confirmation from the Constitutional Court or the Constitutional Court’s decision. Tomorrow, the KPU’s decision can still be changed by the Constitutional Court’s decision, the winner becomes the loser, the loser becomes the winner. That is the absolute authority of the Constitutional Court according to the constitution. What is that? Possible?” Jimly asked.

Theoretically, this is possible. Therefore, determining the winner of the election does not only have to wait for the KPU’s official decision, but also has to wait for the Constitutional Court’s decision.

“Respect our constitutional mechanism. Even if the Constitutional Court has confirmed it or made a decision, it is still called president elect, not president of Indonesia. That is just president elect. President of the Republic of Indonesia remains Jokowi until the 20th (October),” said Jimly.

Based on Jimly’s explanation, said Mahfud, there could be an annulment of the election results, especially if the Constitutional Court’s decision differs from the KPU’s decision. “For example, in Ukraine, Bolivia, Kenya, Malawi, Thailand, Turkey, etc. Juridically, congratulations are more appropriate after there is confirmation or a verdict from the Constitutional Court,” he said.

(cip)