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Constitutional Court Deputy Chief Justice Aswanto and Hanura Party Ethics Council Marwan Paris symbolically presenting participatory pin in the 2019 Elections Results Dispute Resolution Technical Assistance for the People’s Conscience Party (Hanura), Thursday (14/3) at the Pancasila and Constitution Education Center, Bogor. Photo by Humas MK/Ifa.

The Constitutional Court held the 2019 Elections Results Dispute Resolution Technical Assistance at the Pancasila and Constitution Education Center on Thursday–Saturday (14–16/3/2019). Participating in the program were 125 central and regional executive boards (DPP, DPW) of Hanura Party from 34 provinces all across Indonesia.

Opening the program, Constitutional Court Deputy Chief Justice Aswanto mentioned the importance of the program in building same perspective between the Court and other stakeholders in resolving technical election disputes, so the technical matters are not debated in Court and the Court will be concerned with the substance of the cases.

Justice Aswanto hoped that the program will help those who have legal standing—political parties contesting in the elections—to understand technical matters. The Court has also disseminate information on how political parties achieve seats, so that such matters can be resolved with the election organizers.

“[Hopefully] before the elections, all contestants sign a declaration of readiness to win or lose,” he said before Hanura Party Ethics Council Marwan Paris and Head of the Pancasila and Constitution Education Center Kurniasih Panti Rahayu.

Justice Aswanto said that election organizers are often doubted by election participants because during confirmation of election results when election contestants have fight for justice, sometimes election organizers give victory to ones who do not deserve it. The injustice, based on Article 24C paragraph (1) of the 1945 Constitution, must be resolved by the Constitutional Court. Therefore, the Court committed in resolving cases with justice and equality based on the Constitution.

Resolution Is Difficult

Hanura Party Ethics Council Marwan Paris in his address said that from his experience in the last legislative and presidential elections, he observed that election result dispute resolution (PHPU) is difficult, especially for legislative candidates. He hoped that the technical assistance program will facilitate the participants to learn from the Constitutional Court.

“[Hopefully the Court] does not only bring documents, but also materials that will [help] the party. If there are issues in the 2019 Elections, [hopefully] the disputes among legislative members will be minimized and resolved within the party,” Marwan hoped.

Public Knowledge

Head of the Pancasila and Constitution Education Center Kurniasih Panti Rahayu said that the Constitutional Court is guardian of democracy, state ideology, and constitutional rights of citizens. However, the success of PHPU lies not only with the Court, but also with the public, who will litigate in the Court. Therefore, the Court had considered the importance of a technical assistance program for political parties, the General Elections Commission (KPU), the Elections Supervisory Agency (Bawaslu), the academic communities, and advocates. “With understanding of the proceedings [at the Court], the Constitutional Court will be able to resolve [cases] fairly,” she affirmed.

Socialization

Head of the Program and Implementation Department Nanang Subekti explained that the technical assistance program is the Court’s effort in socializing the procedural law of the 2019 PHPU settlement so that petitioners and all stakeholders understand it. “It is part of the Constitutional Court’s mission to improve the constitutional understanding of citizens. So, all citizens must understand the constitutional rights that are guaranteed by the Constitution,” Nanang explained in the presence of the Head of the General Bureau, Imam Margono.

The technical assistance program lasted for three days. Law and proceeding experts from the Constitutional Court will present materials and assisted the participants in drafting a Petitioner’s petition and statement of the relevant party of the 2019 PHPU. (Sri Pujianti/LA/Yuniar Widiastuti)

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