Students of SMA Insan Cendekia Madani Serpong, South Tangerang visiting the Constitutional Court on Wednesday (21/11) in the Delegation Room. Photo by Humas MK/Ifa.

Students of SMA Insan Cendekia Madani Serpong, South Tangerang visited the Constitutional Court on Wednesday afternoon (21/11). Researcher Alia Harumdani Widjaja welcomed them in the Delegation Room. On the occasion, Alia explained about the Constitutional Court’s authorities and obligation.

One of the authorities of the Court is deciding on disputes over election results. “Disputes over election results include criminal acts, which are the purview of general courts. Electoral administrative violations are under the purview of Bawaslu (Elections Supervisory Agency). The Constitutional Court is authorized to decide on disputes over the implementation and results of the elections,” she explained.

She elaborated that the eligible petitioners of election result disputes are Indonesian citizens, members of Regional Representatives Council (DPD) as individuals, not on behalf of their parties. However, petitioners who are House of Representatives (DPR) and Regional Legislative Council (DPRD) candidates act as part of their parties. Other petitioners are presidential and vice presidential candidates as well as political parties contesting in the elections.

“The subject of the petition is a suit to the declaration of the results of the election by the General Elections Commission (KPU). The most important content of the petition is that there are mistakes in the vote count results as announced by the KPU. There are three possible rulings: cannot be accepted, granted, and rejected. The hearing for presidential election dispute is at least 30 workdays,” Alia explained.

Alia also mentioned the obligation of the Court to decide on the House’s opinion of alleged violation committed by the president and/or vice president. Before an amendment to the 1945 Constitution, Alia said, the president is dismissed by the People’s Consultative Assembly (MPR), including President Soekarno and President Abdurrahman Wahid, whose accountability reports were not accepted by the Assembly.

“Now we use the judiciary for a more fair mechanism. The dismissal process has three stages: at the House, the Constitutional Court, and the People’s Consultative Assembly. The Petitioner is the House, the Respondent is the president and/or vice president,” Alia said.

Alleged violation of the president and/or vice president can be in the form of treason, corruption, bribery, other grave criminal offenses, disgraceful acts, or the president and/or vice president no longer meeting requirements for president and/or vice president according to the 1945 Constitution.

The Court also has other authorities. Its main authority is examining laws against the 1945 Constitution. The petitioner is a party that claims their constitutional right or authority is violated by the enactment of the law. They must either be Indonesian citizens, customary law communities that live according to the principles of the Unitary State of the Republic of Indonesia, private legal entities, as well as state institutions. In addition, the Court is authorized to decide on authority dispute among state institutions and on the dissolution of political parties. (Nano Tresna Arfana/LA/Yuniar Widiastuti)