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Deputy Chief Justice Aswanto with KPU Chairperson after opening the Technical Assistance Program on the Procedural Law of the 2018 Simultaneous Governor, Regent, and Mayor Election Results Dispute Resolution for KPU/KPUD Batch I on Tuesday (3/4) at the Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by Humas MK/Ifa.

The General Elections Commission (KPU) is part of democracy and serves to develop democracy. If the KPU is compromised, so will democracy. This was conveyed by Deputy Chief Constitutional Justice Aswanto before officially opening the Technical Assistance Program on the Procedural Law of the 2018 Simultaneous Governor, Regent, and Mayor Election Results Dispute Resolution for KPU/KPUD Batch I on Tuesday (3/4/2018) at the Pancasila and Constitution Education Center, Cisarua, Bogor.

Justice Aswanto said that as election organizer, the KPU carries out a very heavy and challenging task and the risks were not small. "In fact, I often say to election organizers, if you only have one heart, don\'t become election organizers," he added.

Justice Aswanto also talked about his experience taking on challenges as an election supervisory administrator in 2003-2004. Therefore, he empathized with election supervisory administrators at both central and regional levels. He also reminded about the importance of the legality of the evidence to bring to the Court.

KPU Chairperson Arief Budiman observed that the technical assistance program was an important program. He said that the constitutional accountability of the election implementation. “The [election] is usually concluded with election dispute hearings. So, actually in the stages of election implementation, when the KPU has declared the vote tally recapitulation of each candidate, the stages are concluded. If everyone can accept and think about the election implementation positively, the election dispute resolution is [complete],” he affirmed.

Learning about Constitutional Court Procedural Law

Constitutional Justice Manahan M. P. Sitompul delivered a presentation on the Procedural Law of the 2018 Simultaneous Governor, Regent, and Mayor Election.” He detailed the litigants as follows: the KPU as Respondent, the losing candidates as Petitioner, and the election winners as Relevant Party. The object of the dispute is the KPU’s declaration of the votes.

Justice Manahan said the regional election dispute resolution refers to Law No. 22 of 2017. The general elections consist of the presidential, legislative, and regional elections. The regional head election, dubbed Pemilukada, is defined as part of the general elections by Law No. 22 of 2017, and is therefore under the jurisdiction of the Constitutional Court.

However, he added, the Constitutional Court Decision No. 97/PUU-XI/2003 annulled Article 236C of Law No. 12 of 2008 and Article 29 paragraph (1) letter e of Law No. 48 of 2009, which had been the basis for the Constitutional Court in adjudicating the regional election. Pursuant to Article 157 paragraph (3) of Law No. 1 of 2015 juncto Law No. 10 of 2016, the Constitutional Court is authorized to adjudicate the regional election disputes until the establishment of a special judicial body.

Mechanism and Stages of the Regional Election 

Registrar Kasianur Sidauruk discussed "The Mechanism and Stages of Governor, Regent, and Mayor Election Results Dispute Resolution,” aimed at informing the KPU about the procedure in the Constitutional Court. He said that it is important that the KPU use the allotted time effectively and efficiently.

Bawaslu

Coordinator of Bawaslu’s Supervisory Division Mochammad Afifuddin said that the Elections Supervisory Agency (Bawaslu) serves to prevent and take action against electoral violations, pursuant to Article 93 letter B of Law No. 7 of 2017.

Responding to question about data discrepancies that Bawaslu often find, Afifuddin said that he had requested that the supervisory committee take such unproven findings with a grain of salt. He also highlighted the need for communication among all supervisory administrators. 

General Elections Commission (KPU) Commissioner Evi Novida Ginting Manik discussed “The Implementation System of 2018 Simultaneous Regional Election.” She stated that the simultaneous regional election started in 2014, while in Law No. 32 of 2004 the election was implemented individually, according to the end of the tenure of the regional head in each region.

The program also delivered materials on “Techniques of Drafting Petition, Statement of Relevant Party, and Response of Respondent in the 2018 Simultaneous Regional Election of Governor, Regent, and Mayor” and “The Use of ICT in the 2018 Simultaneous Governor, Regent, and Mayor Election Results Dispute Resolution.”

Participants will also practice drafting the Petitioner’s petition, statement of the Relevant Party, and response of the Respondent in the Simultaneous Regional Election. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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