Jakarta – The Constitutional Court (MK) is not authorized to try the conditions for nominating the president and vice president. Nomination is the realm of the General Election Commission (KPU).
This was conveyed by Deputy Chairman of the National Campaign Team (TKN) Joko Widodo-Ma’ruf Amin (Jokowi-Ma’ruf), Abdul Kadir Karding, told reporters on Tuesday (11/6).
Karding stated that one of the lawsuit materials from Prabowo Subianto-Sandiaga Uno (Prabowo-Sandi) legal team to the Constitutional Court which questioned Ma’ruf’s position in the two banks was very inappropriate. “The requirements for candidates are not the domain of the MK’s authority, but the KPU,” Karding said firmly.
To note, Ma’ruf’s position in BNI Syariah and Bank Syariah Mandiri (BSM) was questioned by the Prabowo-Sandi team. Ma’ruf occupies the position of Chair of the Sharia Supervisory Board (DPS) in BNI Syariah and BSM.
When registering presidential candidates and vice-presidential candidates, Ma’ruf did not check the retreat sign. Karding advised the Prabowo-Sandi legal team to review and read the details of Law 19/2003 concerning State-Owned Enterprises.
Next, Article 227 letter P of Law 7/2017 concerning Elections. In accordance, Article 227 letter P of the Election Law, presidential candidate or vice presidential office make a statement of resignation if the status is an employee or an official of a BUMN or Regional Owned Enterprise (BUMD).
According to Karding, BNI Syariah and BSM are not SOEs in the sense as Article 1 number 1 of the BUMN Law. Karding explained, BSM shareholders are PT Bank Mandiri and PT Mandiri Sekuritas.
While BNI Syariah, the shareholders are PT Bank BNI and PT BNI Life Insurance. There is no direct capital participation from the state. Ma’uf’s position in the two Islamic banks, according to Karding, was different from the directors, commissioners, or employees of Bank Mandiri and Bank BNI.
Karding added, DPS on Islamic banks is not an employee, director or commissioner who is an official of a business entity in the form of a limited liability company. Karding also brought up the KPU’s decision regarding verification of candidacy.
“Prabowo-Sandi should be aware that a registered person and even announced as a winner by the KPU will automatically have been verified by the KPU,” added the politician of the National Awakening Party (PKB).
Karding is optimistic that Prabowo-Sandi’s claim was rejected by the Constitutional Court. “We are certainly very optimistic that the lawsuit from the Prabowo-Sandi camp was rejected by the Constitutional Court,” Karding said.