---

Chief Justice of the Constitutional Court (MK) M. Akil Mochtar provides guidance in the presence of the members of the election commission (KPU) province of Indonesia. Akil was asked to explain the importance of various issues related to the handling of Electoral Dispute (PHPU) associated with a pattern of abuse revealed in the hearing of the Constitutional Court (MK) both by participants and organizers of the election.

"For me, this needs to be known by all the election organizers, especially the Provincial Election Commission and especially the new members of the Commission," said Akil initiated the program "Task Orientation Provincial KPU Wave I in 2013" on Saturday (25/5) nights in Jakarta.

Akil is said again, before discussing PHPU case management, must be known before the election categorization regime, starting from Legislative Elections (DPR, DPD, DPRD), Election of President and Vice President, to the Regional Head Election (Election).

"On this occasion, I would like to focus on discussing the issue Election. With the passage of Act 22 of 2007 on the Election, stated that the Election categorized as elections. It is also in Act 15 of 2011 on the Election amended Act 22 of 2007 is not mentioned explicitly regarding Election," Akil said to the audience.

Regarding the handling of this General Election, said Akil, originally done by the Supreme Court. However, since November 2008, handling the General Election transferred to the Constitutional Court. In accordance with Article 24C Paragraph (1) of the 1945 Constitution, the Constitutional Court is one of the authorities decide election disputes. Then because of the election of governors, regents and mayors are elections, PHPU authority is in Constitutional Court’s hand.

 "Since first deciding cases Election dispute until May 23, 2013, the Court as a whole has received as many as 551 cases Election dispute. Of these, as many as 542 cases have been decided by the details of 45 cases were granted, rejected 357 cases, 122 cases are not accepted, withdrawn 17 cases and 1 case died," explained Akil.

"From the statistics only few cases which the Court granted. This suggests that in deciding cases Election disputes, the Court always careful and cautious. It’s not right to say MK reckless, less precise and inconsistent in deciding the case. It should be emphasized, the Court did not take advantage of a decision handed down, but only to provide legal certainty that is fair," said Akil.

Akil also described three categories of violations that occurred in the General Election. First, the offense has no effect or process that cannot be estimated effects on results of the General Election ballot. Second, in violation of the Election process affects the outcome of elections or the General Election. For example, money politics, the involvement of unscrupulous officials or civil, criminal allegations elections and so on.

"The third type is violations of the General Election breach the requirements to be a candidate that is both principle and can be measured. For example, the terms were never sentenced to prison terms validity and support for independent candidates. It can be used as a basis to overturn the results of the General Election as there are participants who do not qualify since the beginning," said Akil.

While based on the offender, continued Akil, violations can be done by the Election Operator Election include negligence, ballot, Election Organizers alignments to one candidate. In addition, by infringing Election could be done by the participants, for example, the manipulation of the administrative requirements for candidate registration, vote-buying and the politicization of the bureaucracy.

Furthermore, Akil explains the verdict variants in the case of disputes Election. There are at least four types of decision that ordered the Election Commission to conduct re-voting, vote counting re doing, doing administrative and factual verification of all candidates, until one candidate disqualify participants Election.

"The types of decisions that can be combined. For example, in East Java, the Court not only ordered re-polling in Bangkalan and Sampang. But also ordered the re-counting of votes in Pamekasan," said Akil. (Nano Tresna Arfana / mh)

---