Interlocutory injunction hearing of the 2019 DPR-DPD-DPRD election results dispute cases on Monday (22/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held an interlocutory injunction hearing of several 2019 DPR-DPD-DPRD (House of Representatives-Regional Representatives Council-Regional Legislative Council) election results dispute (PHPU) cases on Monday (22/7/2019) in the Plenary Courtroom of the Constitutional Court.
In the first session at 09.00 WIB, Chief Constitutional Justice Anwar Usman stated that 14 cases were declared unable to continue to evidence examination due to various legal reasons, such as withdrawal by the Petitioner, incompatibility between the posita and petitum, and the Petitioner not reading the petition during hearing.
Justice Anwar said that five cases had been withdrawn, among others, No. 14-01-14/PHPU.DPR-DPRP/XVII/2019 filed by the National Awakening Party (PKB) for the electoral district (Dapil) of Malang 6 in East Java Province; No. 195-05-11/PHPU.DPR-DPRP/XVII/2019 filed by the National Democratic Party (Nasdem) for Dapil DKI Jakarta 6 in DKI Jakarta Province; and No. 145-02-02/PHPU.DPR-DPRP/XVII/2019 filed by the Great Movement Party (Gerindra) for Dapil Sumut 2 in North Sumatera Province.
He also revealed that four cases had incompatible posita and petitum, among others, No. 157-02-14/PHPU.DPR-DPRP/XVII/2019 filed by for Gerindra Dapil Jatim 1 of East Java Province and No. 23-01-02/PHPU.DPR-DPRP/XVII/2019 filed by the National Awakening Party (PKB) for untuk Dapil North Sumatera 8 of North Sumatera Province.
In several cases, the Petitioner had not been willing to read the petition for certain electoral districts in the hearing: No. 183-04-14/PHPU.DPR-DPRP/XVII/2019 and No. 173-04-02/PHPU.DPR-DPRP/XVII/2019 for Dapil Langkat 1 of North Sumatera Province.
“Before passing the final decision, [the Court] discontinues part of the cases that cannot move forward to the evidence examination stage, [and] the complete legal considerations will be included in the final decision,” said Justice Anwar with the other eight constitutional justices.
Hearing Continues
Meanwhile, the cases heard previously in Panel 1 led by Chief Justice Anwar Usman, with Constitutional Justices Arief Hidayat and Enny Nurbaningsih, the Court decided and declared 44 cases progressing to examination hearing to hear the statements of witnesses and experts for the litigants.
The Court through Deputy Chief Justice Aswanto also revealed the cases that will move forward to examination, among other: No. 37-13-14/PHPU.DPR-DPRP/XVII/2019 filed by the People’s Conscience Party (Hanura), No. 157-02-14/PHPU.DPR-DPRP/XVII/2019 filed by Gerindra, No. 139-09-14/PHPU.DPR-DPRP/XVII/2019 filed by the United Indonesia Party (Perindo), No. 183-04-14/PHPU.DPR-DPRP/XVII/2019 filed by Golkar, No. 14-01-14/PHPU.DPR-DPRP/XVII/2019 filed by PKB, No. 186-05-14/PHPU.DPR-DPRP/XVII/2019 filed by Nasdem, and No. 76-03-14/PHPU.DPR-DPRP/XVII/2019 filed by the Indonesian Democratic Party of Struggle (PDI-P).
The aforementioned cases move forward to hear the statements of witnesses and experts and the evidentiary hearing starting on July 23, 2019 at 08.00 WIB. “The delivery of seven of the cases, as well as the official invitation to the hearing on Tuesday, July 23, 2019 at 08.00 WIB in Panel I on the second floor of the Constitutional Court to hear the witnesses and experts. Witnesses and experts are to submit their identities and written statements, at the latest before the hearing starts tomorrow,” said Justice Aswanto before concluding the reading of the verdict.
The Court had had preliminary examination hearings on July 9-12, 2019 to examine the completeness and clarity of the petitions’ materials as well as to approve the evidence. At the next stage on July 15-18, 2019, the Court heard the response of the Respondent as well as the statements of the Relevant Parties and the Elections Supervisory Agency (Bawaslu) as well as approval of the evidence. Therefore, the Court has heard the statements of all parties related to the 2019 DPR-DPD-DPRD PHPU cases.
In the hearing of Panel 1, the constitutional justices have examined 82 DPR-DPRD PHPU cases and 3 DPD PHPU cases of 2019. The cases covered 11 provinces: East Java, North Sumatera, Jambi, West Papua, Riau, Belitung Islands, Aceh, DKI Jakarta, East Nusa Tenggara, North Kalimantan, and West Sulawesi. (Sri Pujianti/LA)
Translated by: Yuniar Widiastuti
Monday, July 22, 2019 | 16:55 WIB 110