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Deputy Chief Justice Aswanto speaking at and closing the technical assistance program on the 2020 election of governors, regents, and mayors for the Constitutional Lawyers’ Forum virtually, Thursday (5/11/2020) from the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice Aswanto refuted public misconception that the Constitutional Court is a calculator court. The Court not only consults the numbers in the evidence presented by the litigants in the regional head election (pilkada) disputes, but also scrutinizes them against manipulation. 

“Because manipulation has often occurred during pilkada. For example, at the TPS [polling stations], a candidate ticket gets 100 votes but at the PPK [sub-district election committee] they became 10 votes, and at the regency/city level only 1 vote is left. The Constitutional Court is a calculator court. Through court proceedings, the Constitutional Court will observe whether the numbers in the evidence presented by the litigants are accurate or were manipulated,” he said delivering his keynote speech at the closing of the technical assistance program on the 2020 election of governors, regents, and mayors for the Constitutional Lawyers’ Forum on Thursday afternoon, November 5, 2020 virtually from the 14^th floor of the Constitutional Court. 

He added that the Court doesn’t look to only approves the election results decided by election organizers, especially in terms of the election threshold as referred to in Article 158 of the Pilkada Law. He also said that the Court has affirmed its intention to provide substantive justice, therefore the pilkada dispute resolution this year will see some changes in relation to Article 158 of the Pilkada Law. “We will not adjudicate on Article 158 of the Pilkada Law in the beginning, but at the end. However, we consistently uphold the norm in Article 158 of the Pilkada Law,” he added.

He advised the participants to dismiss any concerns that the Court’s pilkada dispute resolution can be manipulated. “I have served for seven years in the Court and have ruled on many pilkada, legislative election, and presidential electiondispute [cases]. As constitutional justices we decide based on what we believe is right, guided by our conscience, the sense of justice, not by power,” Justice Aswanto said.

Before concluding his speech, he apologized for any inconvenience during the program. He also said that the Constitutional Court's Pancasila and Constitution Education Center would prove all the participants with the available information and materials. “The program is aimed at building a network with all alumni of the program, who are called friends of the Court. We gladly receive criticism and recommendations from [you], as a means for control for the Court,” he said.

He also recommended that participants who are advocates offer consultations to pilkada tickets from before the disputes. “If the ticket becomes a victor [according to the KPU’s decision], [you will consult] the relevant party. If the ticket loses in the pilkada, [you will consult] the petitioner. Later on you will understand the pilkada result dispute hearings,” Justice Aswanto explained.

Meanwhile, the acting Head of the Pancasila and Constitution Education Center Imam Margono said that the program was attended by 366 participants, 359 of whom online. Seven attended the program in-person at the Pancasila and Constitution Education Center in Cisarua, Bogor, West Java for three days (Tuesday-Thursday, November 3-5, 2020) under strict COVID-19 health protocols.

On the last day of the program on Thursday, November 5, 2020, the speakers talked about “The Practice on the Petitioner’s Petition and the Relevant Party’s Statement in the 2020 Elections of Governors, Regents, and Mayors,” “The Electronic Information System of Case Handling,” “The Evaluation of the Petitioner’s Petition and the Relevant Party’s Statement in the 2020 Elections of Governors, Regents, and Mayors.”

Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 11/11/2020 20:16 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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