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Head of the Pancasila and Constitution Education Center Kurniasih Panti Rahayu closing the 2019 Elections Results Dispute Resolution Technical Assistance on Procedural Law for the People’s Conscience Party (Hanura) at the Pancasila and Constitution Education Center, Cisarua, Bogor, on Saturday (16/3). Photo by Humas MK/Ifa.

CISARUA, Public Relations of the Constitutional Court—Head of the Pancasila and Constitution Education Center Kurniasih Panti Rahayu officially closed the 2019 Elections Results Dispute Resolution Technical Assistance for the People’s Conscience Party (Hanura) at the Pancasila and Constitution Education Center on Saturday afternoon (16/3/2019).

Kurniasih said that by organizing the technical assistance program on the 2019 election result dispute resolution (PHPU), the Constitutional Court has made socialization effort as per its duty as mandated by Article 24C of the 1945 Constitution. The program disseminates materials by constitutional experts and court practitioners in order to realize effective hearing so that all stakeholders can support the honest and fair elections.

She also hoped that the participants will understand PHPU resolution and improve their competencies. “Hopefully the participants will become partners of the Constitutional Court and provide a link to the Court, to achieve just, prosperous rule of law,” she said.

Valuable Knowledge

Deputy Secretary General of the Central Executive Board of Hanura Party Dirzy Zaidan said that the participants have gained a lot of knowledge from the facilitators. He hoped that the participants, some of whom hailed from Papua, West Papua, and all across Indonesia, will be able to use the knowledge to advance the party. “Hopefully the knowledge will be useful for all of us in achieving victory in the upcoming elections,” he said.

Problem-Solving

Constitutional Justice Suhartoyo in his presentation said that the program would provide participants, who are legislative candidates of a contesting party in the 2019 elections, with problem-solving methods to settle injustice from KPU decision. “Hereby I highlight the procedural law in the Constitutional Court to face the legislative election,” he said next to Head of the General Bureau, Imam Margono.

The participants should understand those eligible to file petition to the Constitutional Court. The juridical requirement is recommendation from the party’s chairperson and secretary general. Only then can a legislative candidate file a petition personally with a legal counsel who is not an attorney as long as the legal counsel has sufficient knowledge of procedural law and the concept of the constitutional right being fought for. “The Constitutional Court is a judiciary that intends to facilitate the public to fight for their rights despite financial and geographical restrictions,” Justice Suhartoyo explained.

In the Q&A session, a participant asked about the resolution given by the Court of a dispute between legislative candidates who received subjective treatment from the party’s chairman or secretary general. Justice Suhartoyo responded that as long as the subject of the petition is related to the clarification of vote count results recapitulated by the KPU, the dispute can be settled by the constitutional justices. “So, the legislative candidates have to understand and comply with the political party organizing provisions so that technical, internal disputes can be resolved within the party. Therefore, candidates will not come in droves to the Court,” he said.

Constitutional System

Substitute Registrar Mardian Wibowo in his presentation on “The Constitutional Court in the Constitutional System of the Republic of Indonesia” refresh the participant’s memory on the Constitutional Court’s position. He said that the constitutional system is shown in the Constitution. In history, the country has had several constitution—that of 1945–1949, RIS Constitution of 1949–1950, UUDS 1950, and Presidential Decree 1959 that restored the 1945 Constitution. “The constitution remains to be used by the nation,” he said.

I Wayan Made from Bali expressed his appreciation for the facilities and materials obtained during the program. He said that the facilitators had provided participants with valuable knowledge to face PHPU settlement with good preparation. “The Pancasila and Constitution Education Center is the most complete and clean training location,” Made said.

Aside from receiving materials on the constitutional system and procedural law at the Constitutional Court, participants were also introduced to the “Mechanism, Stages, and Activities of the 2019 PHPU.” Participants were also assisted in drafting a Petitioner’s petition and statement of the relevant party by Court researchers and substitute registrars who are expert in PHPU in previous elections.

The technical assistance program lasted for three days, Thursday–Saturday (14–16/3/2019), attended by 125 participants from the central and regional executive boards (DPP, DPW) of Hanura Party from 34 provinces all across Indonesia. They are legislative candidates, advocates, and party functionaries. (Sri Pujianti/LA/Yuniar Widiastuti)

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