Deputy Chief Justice Aswanto presenting gift for Peradin and Peradi at technical assistance closing ceremony, Wednesday (20/3) at the Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by Humas MK/Edoy.

Deputy Chief Justice Aswanto closed the Technical Assistance Program on the Procedural Law of the 2019 Elections Results Dispute Resolution for advocates Class IV on Wednesday evening (20/3/2019). He said that the event was a step to realize modern judiciary. Participating in the program were 150 members of the Indonesian Advocates Association (Peradi) and the Association of Indonesian Advocates (PERADIN).

He also revealed that as the Constitutional Court’s mission is to realize modern, reliable judiciary, all stakeholders are partners of the Court and the technical assistance program is one of the efforts to realizing that mission. The program is also aimed at ensuring that legislative (pileg) and presidential (pilpres) elections dispute resolution run well. He hopes that advocates will understand the procedure of litigating in the Constitutional Court. “Hopefully in the Court we will not be debating on technical issues but on substantive issues regarding the case,” he said.

He also hopes that petition deadline in the Court, 3x24 hours after the decision of the General Elections Commission (KPU), will be taken note of. “Just submit the petition as soon as possible. What matters is that the case is registered at the Court. After that, there will be time for revision 3x24 hours,” he advised. Online petition, he said, can be utilized by those who have difficulty coming to the Court directly, for example, those living in the eastern regions. Last, he hoped that election disputes will not create rift among advocates.

Materials

Court registrar Ida Ria Tambunan presented a material on the Court procedure for legislative and presidential election result dispute resolution. She explained that litigants are petitioner, respondent, and relevant party. The petitioner and relevant party could be political party member, Regional Representatives Council (DPD) member, local party member, and legislative candidate of local political party. Meanwhile, the respondent is the KPU. Giving statement in the hearing will be the Elections Supervisory Agency (Bawaslu).

The petition is filed at the latest 3x24 hours after the KPU passes a decision on the vote results. Four copies of the petition are made. The petition details the authorities of the Constitutional Court, the Petitioner’s legal standing, the deadline of the petition subject submission, as well as the petitum. “Petitions filed through a legal counsel require the signature of the legal counsel. The name and address of the petitioner or legal counsel, their phone number, e-mail address, NIK (resident identity number) according to the e-ID, as well as the advocate card for the legal counsel are attached,” she explained. In the proceeding, evidence must be attached: letter, written statements from the stakeholders, witness statement, expert statement, statement from relevant party, etc. Meanwhile, in the presidential election dispute, the petitioner and relevant party is the presidential/vice presidential candidate, while the respondent is the KPU.

Participants of the program also practiced drafting the Petitioner’s petition and the statement of the Relevant Party in the 2019 Dispute Resolution of the Election of DPR, DPD, and DPRD Members. They also received material from the IT Department of the Constitutional Court on online petition. (Arif S./NRA/Yuniar Widiastuti)