Indonesia's highest court hears election appeals from losing candidates seeking re-vote

Jakarta, Indonesia — Indonesia's highest court heard appeals filed by two losing presidential candidates demanding a new vote, alleging widespread election irregularities and fraud as they appeared before judges on Wednesday.

Defense Minister Prabowo Subianto won the election with a landslide: 58.6 percent, or more than 96 million votes, according to the General Election Commission, more than double the second-place finisher's share in the three-way race.

But the losing candidates, former Jakarta Governor Anies Baswedan and former Central Java Governor Ganjar Pranowo, say the election was marred by irregularities throughout the campaign. They are asking the Constitutional Court to annul the election results and order a new vote, in separate lawsuits.

Both candidates presented part of their case in person, focusing on allegations that the court itself, as well as outgoing President Joko Widodo, circumvented laws and norms to support Subianto.

We are witnessing with deep concern a series of irregularities that have tarnished the integrity of our democracy, Baswedan told the court.

Dozens of protesters held a peaceful but noisy rally near the court, saying they would supervise the trial. Authorities blocked streets leading to the court, where around 400 police officers were deployed in and around the building.

Indonesian presidents are supposed to remain neutral in elections to succeed them, but Subianto, a former longtime rival of Widodo who lost elections twice before joining his government, ran to succeed him. He even chose Widodo's son, Gibran Rakabuming Raka, as his running mate, even though Raka did not meet the constitutional requirement that candidates be at least 40 years old.

Baswedan and Pranowo argue that Raka should have been disqualified and are asking the court to bar him from voting again. Before the election, the Constitutional Court made a controversial exception to the minimum age that allowed him to run, under then-Chief Justice Anwar Usman, who is Widodo's brother-in-law. Usman was later forced to resign as chief justice for failing to recuse himself.

The Constitutional Court was designed to protect the Constitution and stem arbitrariness, not to legitimize fraud and crime, said Todung Mulya Lubis, a prominent lawyer who led Pranowos' legal team. This election is an opportunity for the Constitutional Court to regain its authority and dignity.

Baswedan also said regional officials were pressured or given rewards to influence political choices, and that state welfare was used as a transactional tool to help one of the candidates.

Significant government welfare was disbursed in the middle of the campaign, far more than the amounts spent during the COVID-19 pandemic, and Widodo distributed funds in person in a number of provinces.

If we do not make corrections, the practices that happened recently will be considered normal and become habits, then become a culture and finally a national character, Baswedan told the panel of eight judges.

On Tuesday, Subianto himself went to the top court twice to challenge the results of elections he lost to Widodo, but the court rejected his claims as baseless each time. Subianto refused to accept the results of the 2019 presidential election, sparking violence that left seven people dead in Jakarta.

Baswedan had the first turn to speak in court in the morning, while Pranowo took the stand in the afternoon.

What shocked us all, what really destroyed morale, was the abuse of power, Pranowo told the court. When the government uses all state resources to support certain candidates, when security forces are used to defend personal political interests, then it is time for us to take a firm stand to reject any form of intimidation and oppression.

Chief Justice Suhartoyo, who like many Indonesians uses only one name, adjourned the hearing until Thursday, when Subianto and the General Election Commission will respond. The verdict, expected on April 22, is final.

The case will be decided by eight judges instead of nine members of the court because Usman, who still sits on the court as an associate judge, must recuse himself.