Constitutional Justice Dr. H.M. Akil Mochtar, S.H., M.H receives the visit from Universitas Bengkulu students, Monday (11/10)
Jakarta, MKOnline - “Explicitly, in Article 22E paragraph (2) of the 1945 Constitution, referred to as general elections are the voting of the members of the People’s Legislative Assembly, the Regional Representative Council and the Regional People’s Legislative Assembly as well as the President and Vice President”, Constitutional Justice Akil Mochtar explained to Universitas Bengkulu students visiting the Constitutional Court Monday (11/10) afternoon.
Therefore, Akil continued, it is understandable that Law No.24/2003 concerning the Constitutional Court (the Constitutional Court Law) through Articles 74 to 79 of the Constitutional Court Law merely regulates the procedural law for dispute on the results of general elections of the members of the People’s Legislative Assembly, the Regional Representative Council and the Regional People’s Legislative Assembly as well as President and Vice President elections.
Akil went on to say that with regard to regional heads elections (governors, regents, mayors), Article 18 paragraph (4) of the 1945 Constitution only gives a mandate that regional heads must be elected democratically, which subsequently provoked a debate on whether or not it is within the legal regime of General Elections.
“However, pursuant to Law No.22 Year 2007 concerning the Administration of General Elections, regional heads and vice regional heads elections must also be held by the General Elections Commission along with its ranks, therefore it is known as the regional head and vice regional head general elections. Now it is commonly referred to as Regional Head General Elections,” Akil said.
Akil said that at first, the settlement of dispute on the results of Regional Head General Elections pursuant to Article 106 of Law No.32/2004 concerning Regional Government was under the authority of the Supreme Court. However, with the enactment of Law No.12/2008 concerning Second Amendment to Law No.32/2004, the authority to try dispute on the results of Regional Head General Elections was assigned to the Constitutional Court.
“Which has effectively been applied as of November 1, 2008 through an official handover from the Supreme Court to the Constitutional Court on October 29, 2008,” Akil explained.
Furthermore, Akil stated that pursuant to the provisions of Article 74 paragraph (2) of the Constitutional Court Law juncto Article 258 of Law No.10/2008 and Article 201 of Law No.42/20078, it can be concluded that disputes on the results of General Elections include the disputes between general elections participants (political parties, individual candidate of the member of the Regional Representative Council, as well as President and Vice President candidate pair) and the General Elections Commission as the organizer of General Elections. The object of dispute would be the stipulation of vote acquisition of the General Elections at the national level by the General Elections Commission.
Whereas with regard to dispute on the results of Regional Head General Elections, referring to Article 106 of Law No.32/2004 concerning Regional Government as amended by Law No.12/2008 and Law No.22/2007 concerning Administration of General Elections, it can be concluded that disputes on the results of Regional Head General Elections include the disputes between regional head and vice regional head candidate pairs participating in Regional Head General Elections and the Provincial General Elections Commission and/or the Regency/Municipality General Elections Commission as the organizer of General Elections. (Nano Tresna A./mh)
Monday, October 11, 2010 | 14:30 WIB 329