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Deputy Chief Justice Aswanto instructing on the direction of the preparations for the 2020 regional head election settlement in a work meeting, Saturday (5/12/2020) at the hall of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) instructed on the direction of the preparations for the 2020 regional head election (pilkada) settlement in a work meeting (raker) led by Chief Justice Anwar Usman on Saturday afternoon, December 5, 2020. The event on “Realizing Constitutional Democracy in Concurrent Pilkada in 2020-2021 amid the Covid-19 Pandemic” took place at the ground floor hall. As many as 320 staff members and employees of the Constitutional Court attended the event virtually.

Also read: Court Holds 2020 Work Meeting and Signs Integrity Pact 

Deputy Chief Justice Aswanto gave several pointers on the evaluation of pilkada case settlement ahead of the 2020 pilkada dispute resolution, one of which concerned attendance. “At the last meeting, we decided that the petitioners or their counsels, the respondent or their counsels, and the relevant parties or their counsels may attend the hearings in person, while witnesses and experts may only do so virtually,” he said. However, he added that only one person can enter the courtroom while another stays in the lobby. This was also echoed by Chief Registrar Muhidin in his report on the performance of the Registrar’s Office in 2020, the action plans for 2021, and the preparations for the 2020 pilkada dispute resolution. Justice Aswanto also expressed his concern that it might hinder evidentiary hearings if only one person is allowed in the courtroom. He suggested no more than two persons.

Meanwhile, Constitutional Justice Arief Hidayat suggested that such a topic be discussed in the justice deliberation meeting (RPH), as in the work meeting more general issues should be discussed. This sentiment was shared by Chief Justice Anwar Usman. In addition, Justice Arief urged all staff members in the task force to work professionally, be more careful in writing the names of the litigating parties, and so on. He also urged the IT team to prepare the online hearings well and avoid any connection issues.

Spirit and Discipline

Next, Constitutional Justice Wahiduddin Adams stressed that the materials that the justices deliver at pilkada technical assistance programs be implemented to reach uniformity of understanding among the Constitutional Court, election organizers, and the litigating parties. He also stressed the implementation of the 2020 pilkada dispute hearings amid the COVID-19 pandemic.

“The success of the pilkada [dispute hearings] depends on our spirit and discipline in carrying out our duties and following health protocols. The working hours were predicted to reach 61 hours per week, from January to March 2021. We must consider this and maintain our health,” he said.

Constitutional Justice Suhartoyo urged that the Court continue improving the 2020 pilkada dispute settlement procedure for the uniformity of understanding among the Constitutional Court, election organizers, and the litigating parties. He also urged the Court to optimize the time left for the judicial review hearings.

Similarly, Constitutional Justice Enny Nurbaningsih stated that it had been decided that the ongoing cases in 2019 will be decided by the end of the year. She also reminded the staff members there are technicalities to be considered should the conditions worsen. “How to guarantee the health of [the task force], not only in [the office], but also outside, to and from [the office],” she stressed.

Worst Case Scenario

Constitutional Justice Saldi Isra suggested that the working hours not be too long. “If we start working at 08:00, we can cease work at 18:00 because during this pandemic we need sufficient rest. Do reconsider the evening sessions and to start work earlier,” he said. He reminded the Registrar’s Office and Secretariat General to inform everyone in the event that justices or staff members fall ill and be indisposed.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh hoped that in the next session, the justices; inputs can be responded and followed up on. He also urged the participants to provide suggestions for the preparations for the 2020 pilkada dispute settlement. He suggested that the litigating parties be requested to show swab or rapid testing results that state that they are COVID-19 negative. The justices and staff members in the task force should also be COVID-free. He also hoped that COVID-19 vaccination by the government can happen soon.

On the first day of the work meeting, Secretary-General M. Guntur Hamzah reported on the Court’s performance in 2020 and the preparations for the 2020 pilkada dispute resolution, including the awards the Court received in 2020, the average judicial review case settlement duration in 2020, the technical assistance programs on the 2020 pilkada dispute resolution, and so on. Meanwhile, Chief Registrar Muhidin reported on the performance of the Registrar’s Office in 2020, the action plans for 2021, and the preparations for the 2020 pilkada dispute resolution.

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

Translation uploaded on 12/08/2020 09:55 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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