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MAHKAMAH KONSTITUSI REPUBLIK INDONESIA --------------------RISALAH SIDANG PERKARA NOMOR 01/PHPU.PRES/XII/2014 PERIHAL PERSELISIHAN HASIL PEMILIHAN UMUM PRESIDEN DAN WAKIL PRESIDEN TAHUN 2014 ACARA PEMERIKSAAN PENDAHULUAN (I) JAKARTA RABU, 6 AGUSTUS 2014

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Prabowo Subianto & Hatta Rajasa v. General Election Commission

Judgment

Question Presented: Did the General Election Commission (KPU) violate the Presidential Election Law while conducting the vote count for the 2014 presidential election?

Alleged Acts: The KPU allegedly systematically, structurally and massively rigged the 2014 presidential election to benefit Joko Widodo-Jusuf Kalla’s tally which stood at 70,007,833 votes against Prabowo-Hatta Rajasa’s 62,576,444 votes.

Procedural history: Prabowo Subianto and Hatta Rajasa filed a complaint to the Constitutional Court.

Summary: In the lawsuit, Prabowo Subianto and Hatta Rajasa not only questioned the General Election Commission’s election results, but also alleged that the official result had been rigged by several factors including the neglect of the Potential Voter Data (DP4) provided by the Ministry of Home Affairs as the source of the final voter list, which they claimed affected the integrity of the 2014 voter list. KPU also established the additional special voter list (DPKTb), which Prabowo-Hatta suspected as a mobilization strategy to increase the opponent’s vote. Lastly, Prabowo-Hatta claimed that KPU rigged the official result in Papua, causing them to receive zero votes.

Conclusion: After the Constitutional Court completed its investigation of all witness testimonies, which were broadcasted live on television and online, the Constitutional Court announced its final and binding verdict that all of Prabowo-Hatta’s accusations had been legally incorrect, and therefore, all the judges rejected their petition.

Legal Issue(s)

Disputing Results

Applicable Law(s): Law No. 8/2011 on Constitutional Court; Law No. 42/2008 on Presidential Election; Law No. 48/2009 on Judiciary Authority art. 29 para (1) letter e.

Region: Asia-Pacific

Country: Indonesia

Language of Decision

Indonesian

Court: Constitutional Court

Election Type: Presidential

Date of decision: Aug 21, 2014

Geolocation

Latitude: -6.164852777

Longitude: 106.8300006

: Geolocation

Primary Documents

risalah_sidang_6940_1.PHPU.PRES.XII.2014.6 AGUSTUS 2014 (BY INDAH).pdf
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