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Chief Justice of the Constitutional Court Anwar Usman delivered a presentation after opening the Technical Guidance for the Settlement of the 2019 Election Results Disputes for Bawaslu Class I, Friday (10/18) at the Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by Humas MK/Hendi.

Chief Justice of the Constitutional Court Anwar Usman said, currently the Elections Supervisory Agency (Bawaslu) has extraordinary duties and authorities. Several parties even proposed that the elections be under the authority of Bawaslu. 

"This authority and proposal did not come suddenly, but is thanks to the performance and sincerity of the ladies and gentlemen who work in Bawaslu in responding to each report, each dispute, up to each decision," Justice Anwar said before officially opening the Technical Guidance for the Settlement of the 2019 Election Results Disputes for Bawaslu Class I. 

Furthermore, Justice Anwar revealed that he had recently attended a meeting of a number of countries in Argentina. The meeting had discussed, among others, legal issues, including the election law. 

"We know that the Constitutional Court of the Republic of Indonesia is a new court in the world. However, the Constitutional Court of the Republic of Indonesia is able to show achievement, to provide guidance, so that some constitutional courts in the world use it as role models in spite of several problems that had befallen the Constitutional Court of the Republic of Indonesia. This is certainly thanks to the cooperation of all parties. It is true that some of the Constitutional Court\'s decisions were based on Bawaslu\'s statements. So far, Bawaslu always provides information, facts, data that are correct and straightforward." he added. 

 Anwar said, when there is the unability to carry out the mandate resulting from a wrong system and without the strict, objective supervision by Bawaslu, then the governor, regent, mayor, DPR member would not carry out the mandate well and they might even be involved in corruption.

Meanwhile, Bawaslu Chairman Abhan said that the 2019 Elections are different from the previous elections. The 2019 elections will be conducted simultaneously for the first time. "Or with five ballot boxes. With all the complexity and dynamics of the 2019 Elections that will be faced by the organizers, both the KPU and Bawaslu," he said. 

Another thing that distinguishes the 2019 Elections from the previous elections, Abhan added, is the parliamentary threshold, which in 2014 was set at 3.5% but in the 2019 Elections is changed to 4%. 

"The increase will have an impact on the contestation between the 2019 Elections participants. In 2014 those who passed the 3.5% threshold were 10 political parties in the parliament. Currently there are 16 political parties that contest and compete to qualify to meet the 4% threshold. Political observers estimate that no more than 8 political parties will be able to pass. This means that the contestation level of 16 political parties will truly be dynamic. They must be able to be the top 8 political parties," Abhan added. 

In addition, according to Abhan, another different thing is the open proportion provision that will still be used in the 2019 Elections. That means the contestation between legislative candidates in one political party will also be dynamic. Candidates must compete with fellow candidates from the same political party. 

Meanwhile, Head of the Pancasila and Constitution Education Center Budi Achmad Djohari said that the aim of organizing the Technical Guidance for the Settlement of the 2019 Election Results Disputes was to provide an understanding of the procedures, mechanisms and stages, and activities in resolving disputes over the 2019 Elections results between the organizers such as Bawaslu, KPU, political parties, DPD member candidates, advocates, and election observers. 

The Technical Guidance for the Settlement of the 2019 Election Results Disputes for Bawaslu Class I was held on October 18-20, 2018. As many as 160 participants, both structural and functional officials, from Bawaslu throughout Indonesia attended the event. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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