Jokowi Did Not Violate the Law, Here's the Legal Explanation!

President Jokowi's statement that the President is allowed to campaign and take sides has sparked controversy and heated debates with only 18 days left until the election. Many people perceive President Jokowi's statement as a violation of the law and regulations. However, legally speaking, there is nothing wrong with President Jokowi's statement regarding the President's right to campaign and take sides. Jokowi did not break the law because his statement simply reflects the content of the law, and most importantly, there have been no legal consequences resulting from his statement. President Jokowi has not campaigned for Prabowo or made statements like, "I invite all Indonesian citizens to vote for Mr. Prabowo if they still want my programs to continue... I urge all Indonesian citizens to go to the polling stations and cast their vote for number 2 on February 14, 2024, so that development can continue in all parts of the country, and Mr. Prabowo will solve the National Capital Integrated Coastal Development (IKN) project." Even in instances where President Jokowi and Prabowo have been together, President Jokowi has not made any statements like, "Let's all vote for Mr. Prabowo on February 14th so that Indonesia Emas 2045 can be achieved. Mr. Prabowo is me, President Jokowi, vote for him."

It's surprising that many people are getting worked up over this. President Jokowi's statement simply reiterates the content of Article 299, paragraph 1 of Law No. 7 of 2017 concerning Elections. And since there have been no legal consequences as mentioned above, it means that President Jokowi did NOT violate the law and the Election Law. Those who claim that President Jokowi has violated the Election Law are embarrassing themselves and making baseless accusations. How can there be a violation when there haven't been any legal consequences yet? They only understand the theory.

If you carefully watch the video, when President Jokowi was asked by journalists if he would campaign, he answered, "We'll see later." This is because there haven't been any legal consequences since Jokowi has not campaigned for Prabowo. So there is nothing wrong with President Jokowi's statement from a few days ago. Let's not easily get carried away.

Furthermore, it's getting worse as there are widespread posts in WhatsApp groups about a post on X (the new name for Twitter) that supposedly shows content from the Constitutional Court's website. Many posts are circulating about Article 299, paragraph 1 of the Election Law, with sentences like, "Campaigning is not allowed as long as there is a blood relation and a marriage relation, and so on." That is a hoax. Because Article 299, paragraph 1 of the Election Law only states: "The President and Vice President have the right to campaign." Period. There are no further provisions. The additional provisions are the ones that are HOAX.

There is also a post by Muhamad Isnur, the Chairman of YLBHI, stating, "During his leave, he is not the President but just Jokowi"... that is a complete misunderstanding of the legal system. During his leave, he is not the President??? Jokowi was an ordinary individual before becoming President. Now that Jokowi is in his capacity as the President of the Republic of Indonesia, he must take leave as the President if he plans to campaign. This means taking leave as the President, so why is it stated as taking leave as just Jokowi? That post is a serious misunderstanding. Because Jokowi is attached to the position of President 24/7, even when he is sleeping, he is still the President and not just a private individual named Jokowi. So taking leave as the President means taking leave as Jokowi. There are many self-proclaimed experts who are misleading the public because they don't understand the law and end up becoming victims themselves.

And the worst part is the post by Muhamad Isnur, the Chairman of YLBHI, on X. He claims that the statement "The President is allowed to campaign" is a big legal mistake. That is a huge blunder. President Jokowi's statement is 100% correct legally and according to the Election Law. It is clearly stated in Article 299, paragraph 1 of the Election Law: "have the right." Yes, "have the right" means it is allowed or not obligatory to exercise the campaign right. Rights are not obligations. Saying otherwise in the X post is as ridiculous as saying that Monas is not in Jakarta... it's truly embarrassing. A major blunder.

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