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Deputy Chief Justice Aswanto delivering a presentation at and closing the technical assistance program on the 2020 election of governors, regents, and mayors for the Congress of Indonesian Advocates (KAI) virtually, Thursday (26/11/2020) from Jakarta. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice Aswanto officially closed the virtual technical assistance program on the 2020 election of governors, regents, and mayors (pilkada) for the Congress of Indonesian Advocates (KAI) on Thursday afternoon, November 26, 2020. “Thanks to [God’s] grace that we are still in good health and able to carry out [this program] smoothly. I’d like to thank the acting Head of the Pancasila and Constitution Education Center and employees who organized [this program] successfully, officials at the Registrar's Office and the Secretariat General of the Constitutional Court, the president of the central executive board (DPP) of KAI and all his members. I’d like also to offer my highest appreciation to the participants, despite attending the program online,” he said.

He believes the presentations would help the participants when assisting pilkada parties to litigate in the Constitutional Court. “Ladies and gentlemen, participants of this program, [you] could be facing against one another during pilkada results dispute resolution. I didn’t want to say ‘contesting against.’ Facing one another in that as the petitioner’s attorneys you will deliver arguments and evidence that what the KPU declared was wrong. The respondent’s attorneys will also deliver arguments and evidence. So will the relevant party’s attorneys. This is what will play out at pilkada results dispute hearings,” he said.

Also read: Chief Justice: People’s Sovereignty in Pilkada 

Percentage of Vote Margin

Justice Aswanto said of Article 158 of Law No. 10 of 2016 on Pilkada that it stresses that those who can file a pilkada result dispute petition to the Constitutional Court are tickets whose vote margin doesn’t exceed the threshold stipulated in the article. He revealed that in the Constitutional Court Regulation (PMK) No. 6 of 2020 there is a different treatment to the vote margin in pilkada.

“[In the PMK] we do not negate Article 158. If Article 158 is not met, the verdict is that [the petition] be dismissed because [one of] the formal requirements isn’t met. Different from the pilkada resolution in the previous [years] where [this] was settled at the beginning of the case. We agreed that to determine that the percentage declared by the KPU is accurate, we must seriously examine the evidence and arguments of the petitioner, the respondent, the relevant party, and Bawaslu. The Court strives to deliver substantive justice,” he explained.

Article 158 of Law No. 10 of 2016 concerns election results, since the Constitutional Court’s authority relates to dispute over pilkada results. The Court stressed that it would examine the petition even if it doesn’t meet the vote margin threshold required in the article. The Court doesn’t intend to be a calculator court, but to deliver substantive justice. “Therefore, we will examine everything related to vote results,” Justice Aswanto stressed.

Also read: Constitutional Justices Coach Advocates on Pilkada Procedure 

Court to Contribute in the Success of Pilkada

Acting Head of the Pancasila and Constitution Education Center Imam Margono said that Law No. 6 of 2020 on the Third Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2014 on the Election of Governors, Regents, and Mayors into Law stipulates dispute cases over pilkada results is adjudicated by the Constitutional Court until a special judicial body is formed.

“With the additional authority, the Court functions as a judicial body for the election of governors, regents, and mayors at the final level. It contributes to the success of the 2020 regional head election,” he stressed.

Writer: Nano Tresna Arfana
Editor: Nur R.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 12/02/2020 20:21 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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