Akil Mochtar: Constitutional Court Decision Final and Binding
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Chief Justice of Constitutional Court M. Akil Mochtar become a national seminar speaker on "Structuring Election Systems to Achieve effective and efficient elections" which is held by Riau Islands Local Government on Friday (3/5) in Batam, Riau Islands. It was attended by the Deputy Governor of Riau Islands Soerya Respationo and Legislative Chairman Nur Syapriadi.

As Chief Justice Akil Mochtar said that the system of direct democracy can be exploited by certain parties for their own interests by violating the principles of democracy itself. In his travels as a judicial institution authorized to decide the election outcome, the Court is required and obligated to ensure the establishment of a democratic system while protecting human rights through its decision shall be final and binding.

Akil added for parties’ authority to hear the results of the election, the court in this case, there is no special model that can be adopted in general. Each country has a mechanism that is tailored to the legal system and political traditions. In some countries, there is a judicial system or can be submitted to the commission organizing the election.

Settlement process in court says Akil, divided into several types. A number of countries there is a resolution to submit to the general court or the special court and was given the constitutional court. "And, Indonesia implemented the final system, by submitting the settlement of electoral disputes on constitutional court, which is to the Constitutional Court," said Akil.

In line with Akil, Respationo in remarks cited a study published by the Essex University of British and forth in the book How to Steal the Election which concluded on of 136 elections held between 1965 -2006. According to him, a tactic often used to manipulate the election is to change the election law as a means of blocking the opposing candidate or creating opportunities for fraud are difficult to penetrate. This is obviously a concern for many party invites. Given Indonesia recently introduced a system of direct democracy is prone infiltrated by the parties that can damage joints democracy for unilateral advantage. (AgungSumarna / mh)


Monday, May 06, 2013 | 12:01 WIB 162