“I believe that all of us here have the same commitment to make the 2009 Election a success,” said the Chief Justice of the Constitutional Court, Moh. Mahfud MD, in front of four hundreds members of various political parties as he opened the Symphosium between the Constitutional Court and Political Parties Participating in 2009 Election about the Settlement of Disputes over General Election Result, Friday (12/12) in Jakarta.

In 2009, the agenda of national politic would be filled with democratic party. Beginning with legislative election for Parliament members, Regional Parliament members, and the City Council members, it is then followed by the executive election to find a new president and vice president. According to Mahfud, the political agenda was potential to create danger of conflicts, whether between political parties or among the people. Therefore, Mahfud demanded all parties, especially political parties, to pepare themselves to face the national politic festives.

Learning from the settlement of disputes arising in 2004 General Election, Mahfud reminded the parties to prepare strong evidences provided that they would file a case concerning the result of the election. Mahfud also demanded each party to prepare by assigning official witness who really understood the process and the result in the recapitulation of each vote center. He advised that all parties not to base their pleading on the spreading rumours. “Don t say so I heard, so I heard. If it is like that, how can they prove in the Court that a candidate cast a vote because he has been given something?” reminded Mahfud.

Regarding the criminal violation during the process of the election, Mahfud said that despite the Court unauthorized to adjudicate the criminal violation, it did not mean that the Court would remain silent to the violations. According to Mahfud, the Court would not adjudicate the violations but to consider and used as consideration in deciding on a case. “Meanwhile, the criminal aspects in the election process became the Supreme Court s jurisprudence to settle,” continued Mahfud.

Examination on Court s Decision
In the same opportunity, the Chief Justice who was once a Minister of Defense and Minister of Law and Human Rights, also explained the readiness of the Constitutional Court to deal with election disputes. According to Mahfud s estimation, considering the many number of political parties joining 2009 election, the number of disputes would be more than it used to be in 2004. in 2004 Election, the Court managed to settle 274 cases within 30 days.

About the Constitutional Court decision which was potential to cause a polemic, Mahfud consider that as something normal. According to Mahfud, that would happen because in every decision of a court regarding general election there would be a winning and losing party. “The most important thing is how we (the Court-ed.) build our legal arguments in every decision. From there, (people-ed.) can judge whether the Constitutional Court was corruptive or not,” he pointed out.

People were also demanded by Mahfud to observe as well as examined every Court s decision regarding the General Election. According to Mahfud, by doing an examination, people can judge the substance of the decision. In fact, he added, people could also show the possibility when there was a negotiation between justices in taking the decision.

The three-day event between the Constitutional Court and Participating Political Parties in 2009 Election was aimed at improving the parties understanding of the mechanism to settle dispute over election result in the Constitutional Court. By understanding the procedure, it was expected that the parties would be well-prepared if they should have a case in the Constitutional Court.

According to the Secretary General of the Constitutional Court, Janedjri M. Gaffar, the event would be held in two sessions, each was joined by 22 parties. “This event ws the first session, meanwhile the second session would be held in early 2009,” informed Janedjri when he delivered his report before the opening procession.

The first round symphosium lasted for three days in Jakarta. In the event, the members of the parties were given materials from speakers consisted of Constitutional Justices and former Justices, Head of Election Commission also Head of Election Watchers Board. [Yogi Djatnika].
 
 
Photo : Doc. MK PR (Ardli Nuryadi)
Translated by Yogi Djatnika / MK