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Deputy Chief Justice Aswanto receiving gift from Peradan Chairperson Indranas Gaho, after closing Technical Assistance for Advocates Class II on Saturday (26/1) in the Pancasila and Constitution Education Center, Cisarua Bogor. Photo by Humas MK/Ifa.

The series of event of Technical Assistance of the 2019 Legislative and Presidential/Vice Presidential Elections Results Dispute Settlement Case (PHPU) for Advocates Class II that had taken place for three days was closed by Deputy Chief Justice Aswanto at the Pancasila and Constitution Education Center, Cisarua Bogor on Saturday (26/1/2019).

Before closing the event, Justice Aswanto said that advocates are part of the law enforcement. “For us, the law enforcement does not only consist of the police, not only the prosecutors, not only the judges, but the advocates are also part of the law enforcement,” he said.

Therefore, he added, the Constitutional Court developed synergy with all law enforcement, including the advocates. This is so that all law enforcement will have the same perception. “So that we will be able to hold the hearings on legislative and presidential elections smoothly,” he said.

In addition, he explained that when advocates file for petitions to the Court, they have to uphold the philosophical values of the birth of the advocate profession. “If we read the philosophy of the birth of the advocate profession, advocates in the religious context are clerics, and in silat organization the suhu. So, the advocate profession [consists] of suhus that understand all aspects of the law,” he explained before the participants.

Meanwhile, Secretary General of the Association of Indonesian Advocates (PERADIN) Fuadi Hartono expressed gratitude to the Court for holding the event. “I’m very grateful because [the Court] has provide facilities and made advocates partner of the Court [to encourage] professionalism,” he said. He also stated that after participating in the technical assistance, the advocates would be able to practice what they had learned in the upcoming 2019 general elections cases.

2019 PHPU Procedure 

A day before, Friday (25/1/2019), as part of the event, Constitutional Justice Suhartoyo talked about the Dispute Case Settlement of the Elections of House (DPR), Regional Representatives Council (DPD), and Regional Legislative Council (DPRD) members as well as of the President and Vice President. He stated that formal law that can enforce substance within regulations that are material in nature. “Only with formal law can the substance of regulations be enforced,” he said.

He argued that without procedure, the advocates wouldn’t be able to fight for the rights within the material laws. He said that the advocate profession can stand everywhere although there are ethical limitations.

In relation to petitions, Justice Suhartoyo explained that a petition is filed in writing in bahasa Indonesia and signed by the Petitioner(s) and made into four copies. Then, the petition is filed and signed by the legal counsel(s). The petition details the Petitioner(s)’s and/or the legal counsel(s)’s name(s) and address, e-mail address, phone and cell phone number, as well as NIK (ID number) according to the ID, and membership card for the advocate(s) as legal counsel(s). The next are elaboration of the Court’s authorities, the Petitioner(s)’s legal standing, the elaboration as political party participating in the election and candidate House and DPRD members participating in the election, the deadline for petition, subject of the petition, vote recapitulation error by the Respondent, and valid recapitulation according to the Petitioner(s), as well as petitum.

The event took place in three days and followed by 160 participants from the Congress of Indonesian Advocates (KAI), the Association of Indonesian Advocates (Peradin), and Peradan. Several speakers in the event were constitutional justices, the Court’s junior registrars, the Court’s IT staff members, etc. The materials covered 2019 PHPU Procedure; 2019 PHPU Settlement Mechanism, Stages, and Activities; Drafting Technique of Petition of House and DPRD Members. On Saturday (26/1/2019), the participants practice drafting the Petition of House and DPRD Members with the assistance of facilitators consisting of substitute registrars, researchers, and staff members of the Pancasila and Constitution Education Center. (Utami/LA/Yuniar Widiastuti)

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