Indonesian court knocks back calls for presidential election re-run

Calls for a repeat of Indonesia’s presidential election came to nought on Monday in a court ruling that has both cleared the way for Prabowo Subianto to take office in October and sparked protests from supporters of the failed candidates.

Former governors Anies Baswedan and Ganjar Pranowo, who were in court for the decision, alleged Prabowo’s comfortable victory in February was the outcome of crooked backroom deals and manipulation of state institutions by the Joko Widodo government to engineer preferred outcomes.

The claims included nepotism, strong-arming of officials, stacking government positions with allies and buying votes with government-funded social aid.

The losing candidates argued the election should be run again without Prabowo and his vice presidential running mate, Gibran Rakabuming Raka, who is Widodo’s eldest son.

After hearings earlier this month and days of deliberation, the eight-member Constitutional Court panel dismissed the allegations in a split decision. The result was not a surprise, and thousands of protesters had already assembled outside the court building before the ruling was delivered.

By late Monday afternoon, the protests had remained largely peaceful.

Protesters at a rally in Jakarta on Monday alleged widespread fraud in the February 14 presidential election.

A central argument from the challengers related to the legal validity of Prabowo’s choice of the president’s son, Gibran, who is 36 and too young for the position by usual standards.

In a highly controversial decision last year, the same Constitutional Court determined Gibran was excused from the minimum age requirement of 40 because he had previously been elected as mayor of the city of Solo.

Chief Justice Anwar Usman – Gibran’s uncle and Widodo’s brother-in-law – cast the deciding vote in the family’s favour. He was later stood down by an ethics committee and did not participate in this month’s election hearings, but seven of the original nine judges did.

The majority of them on Monday found the allegations put forward by the Anies and Ganjar teams were baseless, but there were three dissenting opinions.

These judges said the presidential, legislative and regional elections should be re-run only in certain provinces, including Bali, North Sumatra and most on the populous island of Java, which includes Jakarta.

The judges had concerns about the distribution of social aid, but said even if it was a vote-buying exercise it constituted a crime of ethics rather than the statutes.

Judge Arief Hidayat added that agents and agencies of the Widodo administration, which were supposed to remain neutral, “took the side of a certain candidate pair” and therefore “clearly tarnished the electoral justice system”.

The winning pair won a first-round victory in February with more than 58 per cent of the vote, capitalising on the tacit backing of the popular Widodo, who is constitutionally barred from a third term.

Critics say the president has been seeking to build a family dynasty, maintain political influence and cement his legacy. To this end, Jokowi and Prabowo found mutual benefit in each other.

Anies Baswedan (second left) and his family after casting their vote in Jakarta.

The president-elect’s successful election campaign was largely founded on promises of Widodo continuity, and were made genuine for voters by his choice of Gibran.

The apparent melding of teams Prabowo and Widodo was a surprise because of their once-bitter rivalry and opposing parties. Widodo, or Jokowi as he is commonly known, defeated Prabowo for the presidency in 2014 and again in 2019.

Indonesian President Joko “Jokowi” Widodo.

Prabowo refused to accept the outcomes and, like Anies and Ganjar now, unsuccessfully went to the Constitutional Court. Protests over the 2019 election left several dead.

Get a note directly from our foreign correspondents on what’s making headlines around the world. Sign up for our weekly What in the World newsletter.