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Chief Justice Anwar Usman officially opening the technical assistance program on the 2020 election of governors, regents, and mayors for the General Elections Commission virtually alongside Secretary-General M. Guntur Hamzah, Tuesday (6/10) from the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Ahead of the 2020 simultaneous regional head elections (pilkada), the Constitutional Court (MK) prepared to rule on the results by organizing the technical assistance program on the 2020 election of governors, regents, and mayors for the General Elections Commission (KPU). The first of such program in 2020 was organized by the Constitutional Court's Pancasila and Constitution Education Center virtually on Tuesday, October 12, 2020 with participants from 32 provinces that participate in the elections.

Chief Justice Anwar Usman in his speech said that the pandemic led to the state’s responsibility in the field of health pursuant to Article 28H paragraph (1) of the 1945 Constitution. Fulfilling that responsibility in conjunction with holding the 2020 simultaneous pilkada is not an easy feat. On the one hand, the state must fulfill the democratic rights of the people but, on the other hand, it must fulfil the people’s right to health by implementing strict health protocols.

"These challenges and choice feel heavy. The [pilkada] had been initially scheduled for September 23, 2020, but was changed to December 9, 2020. The decision to implement this agenda was made by the Government and the DPR (House). Therefore, the implementation of this simultaneous regional elections will adhere to strict health protocols with many adjustments, including in the dispute resolution in the Constitutional Court," he said before ad interim KPU chairman Ilham Saputra and Secretary-General M. Guntur Hamzah.

More Difficult 

Chief Justice Anwar said that the elections are the consequence of Indonesia’s democratic legal state concept. With the amendment to the 1945 Constitution, the democratic election of regional heads was inevitable. This process was first implemented in 2005 with many challenges. Only in 2014 was the regional head elections held simultaneously with a better process.

He said that the pilkada in 2020 will be more difficult due to the COVID-19 pandemic. He hoped that the sincere efforts to fulfill the constitutional rights of the citizens would result in smooth elections. “When we have tried out best, our responsibility is over. There is no perfect choice. The Constitutional Court, which was given the authority to resolve [pilkada] disputes will strive to implement this trust. However, [we] must remember that the success of pilkada lies with us all. [Citizens] of various professions—academics, advocates, politicians, and others—must guard and enforce the democratic values mandated by the constitutions,” he said.

Ad interim KPU chairman Ilham Saputra said that this is the fourth simultaneous pilkada for the KPU. While the commission has had experience with it before, this year’s elections will be more difficult because of the higher numbers of election contestants. Therefore, the technical assistance program on procedural law is crucial and must be followed seriously.

“Hopefully the Constitutional Court has innovations in the court hearings during the pandemic. The Court will of course set regulations to support it, such as on how to draft dispute petitions and on the strategies to draft responses and on which evidence is submitted to the Court,” he said.

Ilham concluded his speech by expressing his high hopes for the participants to use the event to really prepare themselves for pilkada dispute resolution. He also requested them to adhere to strict health protocols.

Understanding of Procedural Law 

Secretary-General M. Guntur Hamzah delivered a report that the event was attended by 352 participants virtually and 10 participants in person at the Pancasila and Constitution Education Center. The participants were from central, provincial/regency/city KPU from 32 provinces. He said that the 2020 pilkada would be held in 270 regions with 374 tickets contesting for the elections on December 9. The Constitutional Court is authorized to rule on the disputes over these elections.

“In order to ensure the success of this national agenda, the Constitutional Court hold technical assistance programs on procedural law for stakeholders, both those directly involved in the pilkada and the supporting elements,” he said from the Constitutional Court in Jakarta.

The technical assistance program is meant to improve the stakeholders’ understanding of the procedural regarding pilkada. The program will last three days (October 6-8, 2020) with an adherence to strict health protocols. The materials to be covered include the techniques to draft responses, practice on drafting the respondent’s response, and the electronic information system. The materials will be delivered by qualified sources, such as the constitutional justices, registrar, junior registrars, researchers, and staff members of the Constitutional Court.

Writer: Sri Pujianti
Editor: Lulu Anjarsari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 10/13/2020 12:28 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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