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Civics students of IKIP Veteran Semarang visited the Constitutional Court on Tuesday (2/3). Photo PR/Ganie

 

 

2015 Regional Elections draws unique and interesting stories, as revealed in regional election dispute settlement proceedings in the Constitutional Court from January to March 2016.

“Regional election dispute settlement is considered as one of the most complicated tasks because there are a lot of political content in regional election dispute,” said Court’s researcher Bisaryadi to 30 civics students of IKIP Veteran Semarang, on Tuesday (2/3).

One of the unique regional election disputes, Bisar added, is Bintuni Bay (Teluk Bintuni) election dispute which the margin between the Applicant with the Related Party was only 7 votes (0.04%). The Constitutional Court recently issues interlocutory decision on the dispute, ordering Bintuni Bay election commission to conduct re-voting in only one polling station, which is polling station 1 in Moyeba sub district.

Bisar then explained other unique election disputes, which were Boven Digoel election dispute and Bulukumba election dispute. Regarding Boven Digoel dispute, Bisar said that the Applicant wasn’t considered as candidate pair because Boven Digoel election commission didn’t pass Applicant’s candidacy.

While in Bulukumba dispute, the Applicant replaced their initial attorney with the new one without notification. The initial attorney then decided to withdraw the petition. Due to the withdrawal, the Court assessed there was no Bulukumba dispute.

Bisar also explained that the Court has four jurisdictions and one obligation.  Court’s jurisdictions are constitutional review of legislation (law), disputes about constitutional competence between state institutions, disputes about electoral results, and dissolution of political parties. While Court’s obligation is handling impeachment of the president or vice-president

“Up to now, only two matters that never conducted by the Court, which are handling dissolution of political parties and issuing impeachment decision,” said Bisar accompanied by civics lecture of IKIP Veteran Semarang Sri Sayeti.

In Q & A session, a student asked about the reason why the Court never handled dissolution of political parties. Bisar answered that there were particular requirements for filing petition concerning political party dissolution. Only the government who able to file such petition and only the political parties whose principles contrary to the Constitution that able to be disbanded, he added.

“Germany Constitutional Court has dissolute neo-nazi party which contrary to Germany Constitution. If there is a socialist communist party in Indonesia, it could be disbanded. However, the Court still has to examine that. It is important to preserve the freedom of association and assembly,” said him.

Bisar argued that Court’s jurisdiction in political party dissolution was like two-edged sword, because the Court entitled to the jurisdiction but the Court was also need to consider the freedom of association and assembly as stipulated in the 1945 Constitution. (Nano Tresna Arfana/lul/Prasetyo Adi N)

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