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Deputy Chief Justice Aswanto closing the technical assistance program on the 2020 election of governors, regents, and mayors for election tickets, Wednesday (2/12/2020) from Jakarta. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—Deputy Chief Justice Aswanto stressed that regional head election (pilkada) candidate pairs (tickets) should learn the Constitutional Court Regulation (PMK) No. 6 of 2020 for comprehensive understanding of pilkada issues. “When things aren’t explained in this program, we’ll refer to the norms in PMK No. 6 of 2020,” he said at the closing of a technical assistance program on the 2020 election of governors, regents, and mayors for the election tickets on Wednesday afternoon, December 2, 2020. The event was organized by the Constitutional Court’s Pancasila and Constitution Education Center in Cisarua, Bogor.

He also apologized to the participants for any technical issues with the virtual program. He expressed hope that the Court would improve its implementation of such a program in the future.

He also talked about the Court’s authority to resolve pilkada results disputes. “When in fact, a Constitutional Court decision stressed that a special judicial body is qualified to examine and adjudicate on pilkada results disputes. However, there is a clause in the decision that until such a body is formed, the Court is authorized [to do so],” he said.

Justice Aswanto said the Court’s authorities in Article 24C of the 1945 Constitution are limited. They are to review laws against the 1945 Constitution, to decide on authority disputes between state institutions, to decide on the dissolution of political parties, and to decide on disputes over general election results. The Court is also obligated to decide on the House’s opinion on an alleged violation of law committed by the president and/or vice president.

He highlighted the authority to decide on disputes over general election results. “General elections referred to in the 1945 Constitution are legislative and presidential elections. The most common and often debated question is whether pilkada is part of general elections, as it is regulated in the Regional Government Law, and so is considered within the purview of the regional government,” he said.

However, he added, the Election Organizer Law stipulates the three bodies that organize the elections: the General Elections Commission (KPU), the Elections Supervisory Agency (Bawaslu), and the Election Organizer Ethics Council (DKPP). “Therefore, it’s not wrong that some say pilkada is not under the regional government but is part of general elections,” he stressed.

He also said that pilkada results disputes can’t be controlled by anyone promising to win cases, who said they are close to any constitutional justice, etc. He emphasized that the constitutional justices decide on the cases following their conscience and according to justice, and they don’t bend to power.

Meanwhile, acting head of the Constitution Education Center Imam Margono said 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 that disputes over the final results of pilkada are examined and decided on by the Constitutional Court until a special judicial body is formed.

“The Constitutional Court serves as the judicial body that decide on the election of governors, regents, and mayors at the final level. It contributes to the success of the 2020 regional head election,” he said.

The technical assistance program took place for three days (Monday-Wednesday, November 20-December 2, 2020). The 312 participants attended the program online. The program was organized by the Constitutional Court's Pancasila and Constitution Education Center (Bogor). The participants received materials on the Constitutional Court and its authorities and functions, as well as practiced drafting a petition. 

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

Translation uploaded on 12/07/2020 17:06 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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