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by : M. Yamin Panca Setia

The Constitutional Court (The Court) said to be ready dealing with the flooding claims on the disputes over General Election 2009. The guardian of the Constitution had made several steps to face the pent-annual political celebration to keep it constitutional.

That was the statement from the Chief Justice of The Court Moh Mahfud MD when giving explanation about the Reflection of The Court s performance in 2008 and the Projection for 2009 at The Court s Building, Jakarta, yesterday (20/1).

According to Mahfud alongside with seven other Constitutional Justices, The Court had arranged the procedural laws for both the trials of Legislative Election dispute case and the trials of Presidential Election disputes.

The Court had also held the dialogue meeting concerning the procedural law with political parties participating in 2009 General Election. The Court was currently preparing the dialogue meeting about the same thing with the candidate members of the City Council who participated in the election.

The Court had also reached an agreement with the Election Commission so that in carrying out each institution s tasks would still be in the corridor of schedule for the inauguration of members of the Parliament, Regional Parliaments and the City Council also the inauguration of the elected President and Vice President. At the same time, The Court was also preparing a coordination meeting with the Election Commission and the Regional Election Commissions in Indonesia, also coordinating with other law enforcing institutions such as the Police, Attorney General Office and the Supreme Court in handling criminal cases of the election which could affect the result of votes for the candidates within five days before the national announcement of the result of the election by the Election Commission.

"We are ready to anticipate the flooding of claims in the legislative and presidential elections. We have prepared everything," said Mahfud.

Legal Standing
Mahfud had also told the participants of the election to prepare themselves with the knowledge when submitting their cases. He said that not all disputes over the election could be brought to The Court.

"No, I told them (political parties-ed.). the one eligible to claim against the election result was the party against the Election Commission. Not the person losing invididually, then submitting a claim to The Court. It is not allowed," he said.

Mahfud took as an example a legislative candidate from Golkar Party proved to be winning but made loss by Golkar. "Such case can not be brought to The Court. So, the one eligible to file a case is Golkar. If I were a member of Golkar and I felt disadvantaged, then the claim goes to general court. Because in the Act on General Election, the participants in Legislative Election is political parties."

However, it was different for the settlement of disputes in City Council Election, Mahfud said that an individual could file a case to The Court when feeling disadvantaged. "In the Act, the one with a legal standing to be a Petitioner in Legislative Election case is political parties against the Election Commission. If it is the City Council election, then it is an individual against the Election Commission," he said.

By doing so, said Mahfud, then settling the disputes in Election should not be worried. The Court predicted that each party would possibly file 5-10 cases. "We have the formulation. That is why, we guarantee that October 1, 2009 would be the inauguration of members of the Parliament and October 20 would be the inauguration of President and Vice President," he said.

Vice Chief Justice of The Court Abdul Mukthie Fadjar said that of the 44 parties participating in the election added by 33 provinces and City Councils, and each filed about 10 cases, then there would be 440 cases coming to The Court.

According to him, it was indeed explained in the Act on Constitutional Court, settling the disputes was to the latest of 30 days. "But we have reached an agreement with the Election Commission to smoothen the stages of the Election. We will decide within 21 days for legislative election. And for the Presidential Election, the regulation said 14 days, The Court will settle within 10 days only. About the schedule, it is up to the Election Commission, The Court only makes the schedule for ourselves," he explained.

Photo: Doc. of CCRI PR /Yoga Adiputra

Source: http://www.jurnalnasional.com/?media=KR&cari=mahkamah%20konstitusi&rbrk=&id=79530&detail=Politik%20-%20Hukum%20-%20Keamanan

Translated by Yogi Djatnika / CCRI

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