---

Head of the Public Relations and Protocol Bureau Rubiyo and Head of the Public Relations and Domestic Cooperation Department Fajar Laksono Soeroso welcoming members of the East Kalimantan Legislative Council (DPRD), Thursday (7/2) in the Delegation Room of the Constitutional Court. Photo by Humas MK/Ifa.

Five members of the East Kalimantan Legislative Council (DPRD) visited the Constitutional Court on Thursday morning (7/2/2019) in the Delegation Room of the Constitutional Court. The delegates were led by Head of the Honorary Board of the East Kalimantan Legislative Council Dahri Yasin. 

Several issues were questioned, such as the decision of the Honorary Board of the East Kalimantan Legislative Council on the ethical violation by council member Sokhip regarding fake diploma. Sokhip denied any fraud and there was a discussion on petitioning the decision to the Constitutional Court.

In response to the question, Head of the Public Relations and Protocol Bureau Rubiyo explained that the decision of the Honorary Board of the East Kalimantan Legislative Council is final and binding. Judicial review in the Constitutional Court only applies to laws and regulations, specifically laws.

“Even if the case is brought to the Court, the Court Registrar’s Office will not reject it. You are welcome [to file it ]. Regarding the decision, what it will be, let the justices [do their job] and it will be processed in the preliminary hearing,” Rubiyo said.

There was a question on the basis of legislative candidates petitioning election results. Head of the Public Relations and Domestic Cooperation Department Fajar Laksono Soeroso explained that the basis is the General Elections Commission (KPU) decision on the determination of election results, which will be announced after the polling, recapitulation, etc.

“Based on the KPU decree, legislative candidates may file a petition to the Constitutional Cour, as stipulated in the law, after 3x24 hours. Before Court ruling, the KPU decree is considered valid. Therefore, the verification rests with the petitioners,” Fajar said. 

Then, Fajar said, in the hearings, the Court would cross-examine the evidence by the KPU and the petitioners. “If there is the same document of evidence containing different information, the Court will decide it,” he said.

He also responded to a question on issues that commonly occur related to elections. Fajar explained that the elections involve a long process. The Court is only authorized to resolve the election result dispute at the bottom level.

“When the string of process runs, from polling to vote declaration, only then will the Court ensure whether the whole process is constitutional or not,” Fajar said.

Fajar also responded to the question on the Constitutional Court decisions often not being implemented. “The implementation of the judicial review is currently a little problematic. Meanwhile, there is barely any problem with the implementation of decisions on election result dispute. Indeed, the Constitutional Court does not have executorial instrument like seizure officials in the Supreme Court. The executorial instrument of the Constitutional Court is the Constitution itself,” Fajar asserted. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

---