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Election of regional heads (Election) in Indonesia is like a laboratory of democracy. Values, principles and theories of democracy are implemented at each joint. There at least there are regulations, institutions, contestants, and the people, which blend to form a fact that can be analyzed scientifically. Hence also, perhaps, the scientific study of the implementation of the 'party democracy' is a theme which is interesting to examine. One was by researchers at the Indonesian Institute of Sciences (LIPI).

 

"We're preparing the General Election of evaluation research," said Muridan Widjojo, one of LIPI researchers who are members of the Evaluation Team Election LIPI, said the purpose entourage audience to the Chair of the Constitutional Court, Moh. Mahfud MD on Wednesday (15/2) afternoon. On that occasion, he was accompanied by Secretary-General Janedjri M. Gaffar.

 

According Muridan, the Constitutional Court as a judicial institution that adjudicates disputes over the Election is certainly a lot of information and documents that can be used as study materials for doing research. "On the Constitutional Court, of course there are the testimonies or stories detail we need. Moreover, the testimony under oath, so most delivered in an honest, "he said.

 

Moreover, he said, some time ago the Constitutional Court recently held a National Seminar on Evaluation of the General Election. This course will allow it to collect materials for the research being conducted.

 

Mahfud also welcomed the intention. According to him, scientific studies are also important as consideration for the next General Election system improvements. "The ingredients will we submit. Please read the comprehensive, "he said.

 

Simply put, said Mahfud, appear at the hearing in this Court for violations of the General Election that is always evolving. At first, performed by contestants only, and then evolved to the organizers of the General Election, the Election Commission in the area or even to the Election Supervisory Committee. "Over time it shifted to the organizers of rigging the General Election," he explained. "There's always a reason to cheat."

 

But the Court did not give up. According to Mahfud, in some cases, the Court made a number of legal breakthroughs to offset the more its latest fraud and violations. One of them was by giving legal standing to prospective candidates who have officially registered in the Commission.

 

In addition, continued Mahfud, internally Court also always try to give a fair verdict based on the facts in the trial and maintaining independence. "The trial in open Court," he said. In fact, the entire trial in the Court recorded the entire conversation that occurred later during the hearing transcribed into a treatise on the trial. Furthermore, the minutes will be posted on the official website of the Constitutional Court and accessible to the public.

 

Similarly, Constitutional Court judges are maintaining their independence in giving the verdict. In handling cases disputes Election results, for example, Constitutional Court judge will consider the facts and discuss them seriously in a consultative meeting of judges. "The fact in the trial was dissected on a table by all the judges," he said. Therefore, it would be very difficult if one of the Constitutional Court judges want to "play" in handling cases of election disputes. "We believe here (read: MK) does not catch cold," he said.

 

Even if there is findings that indicate that the Constitutional Court to deviate, then he opened it. In fact, according to him, go ahead if there are those who want to immediately report it to authorities, including the KPK. "Please just report to the Commission if there are facts. Do not hesitate, "he said.”Openness is important to control."

 

Still In the Hand People

 

Responding to comments about the handling of disputes oblique Election results in the Constitutional Court, stating that now that determine people's heads but not the Court, Mahfud answered through statistical handling of the case in the Constitutional Court. Mahfud admitted, as long as it does most of the General Election in the whole region boils down to the Constitutional Court. But in fact, of the 392 cases handled by the General Election Court, he said, 'only' about 11 percent are granted by the Court.

 

In other words, little has changed Election results are due to the decision of the Court. That also includes the results of previous winners who won again, but have done the registration, calculation, and / or re-election through a decision of the Court. "From there it can be argued that the decision remains in the people," he added. Other conclusions, Mahfud said, "Most people (candidates) did not want to lose".

 

Was the granting of a petition, said Mahfud, based on careful consideration? Many factors make the Court granted a petition. Parameters used for this Court is whether the offense or fraud took place in a structured, systematic and massive violations as well as the significance of the results of Election.

 

Mahfud also was asked how his comments about the transfer of authority to choose the governor into the hands of Parliament and the transfer of authority to adjudicate Election special judicial elections. According to him, in his position as Chairman of the Constitutional Court, he will not respond to that question, because it could be the law will be tested to the Court after the introduction. But, surely, he said, as long as this Court is unable to carry out the mandate is properly and according to applicable regulations. (Dodi / mh/Yazid.tr)

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