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Deputy Chief Justice Aswanto and Deputy Registrar I Triyono Edy Budhiarto speaking at an education and training for staff on the 2020 pilkada dispute settlement, Tuesday (8/12/2020) at the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—On the second day of the virtual education and training (diklat) for the preparations for the settlement of disputes over the results of the 2020 election of governors, regents, and mayors (pilkada) for civil servants (PNS), non-civil servant government employees (PPNPN), and outsourcing employees in the Constitutional Court (MK) on Tuesday, December 8, 2020, Deputy Chief Justice Aswanto talked about "The Procedural Law of the 2020 Pilkada.”

Justice Aswanto explained that the petition can be filed in person (offline) or online. Four copies are to be filed in person, while online it is only one time. Meanwhile, the format of the pilkada dispute petition is similar to that of judicial review of laws. “The petitioner’s identity must be clear. The name, address, and e-mail address must be checked. The KTP (ID card) and resident identity number [NIK] must be included. If the petitioner has a legal representation, the legal counsel must include the advocate membership card,” he said.

“In addition, whether the petitioner can be more than one. There was a regent election in Papua with five candidate pairs. All the losing candidate pairs filed a petition because they felt harmed by the KPU’s decision,” he added.

The petition must also describe the Courts authority. It must also elaborate that the source of contention is pilkada results, so based on existing provisions, the Court are authorized to rule on it. “A Constitutional Court decision stressed that pilkada dispute settlement is not under the Court’s purview, but under a special judicial body. However, there is a clause that until a special body is established, this authority is under the Constitutional Court,” he said. He also explained that the petition must contain the petitioner’s legal standing, the background of the petition or posita, and the petitum.

He moved on to discussing evidence. When the voting results at the poll stations (TPS) are questioned, the evidence is the recapitulation results at the TPS, which are shown in the hologrammed C1 forms or the C1 plano forms. He also revealed that the hearings often discovered that polling committee (PPS) had opened the ballot boxes, which is categorized as a violation.

Integrity 

Next, Secretary-General M. Guntur Hamzah talked about “Integrity in the 2020 Pilkada Results Dispute Settlement,” which he said to appear when one’s mindset, feelings, speech, and behavior are in harmony with their conscience and the prevailing norms. Integrity, he said, means the courage to show truth and fairness, to report dishonesty and corruption. He urged participants to refuse gratuity and report it to the Gratuity Control Unit (UPG). He also stressed the need to respect oneself.

Guntur also mentioned compassion as a manifestation of integrity. It compels one to make changes and do good deeds for their surroundings. “Seeing a fellow working hard, we help one another. Caring for others in difficult situations,” he added. Meanwhile, fair, he said, means perceiving something according to the rules. Therefore, one must recognize the conditions to fairness.

Special Circumstances 

Chief Registrar Muhidin talked about "The Mechanism, Stages, and Activities of the 2020 Pilkada Results Dispute Settlement." “[This event] will take place during special, even extraordinary, circumstances. The Court is facing the challenge of the simultaneous pilkada. We have been strategizing to keep the dispute settlement safe and to maintain our health,” he said.

He also explained that the 2020 pilkada will select 739 eligible regional head candidate pairs/tickets in 270 regions—9 provinces, 224 regencies, and 34 cities. Among those tickets, 1323 are male, while 159 are female.

He said the stages of the pilkada dispute resolution starts with the filing of petition, the revision of the petition, and the checking over the completeness of the petition. After the Court announces the results of the checking, the petition is registered in the e-BRPK (electronic constitutional case registration book). Copies of the petition are then sent to the respondent and Bawaslu. The application by the relevant party is accepted and the schedule for the hearing is announced to al litigants. The proceedings start with a preliminary hearing, followed by evidentiary hearings, and a justice deliberation meeting (RPH). The ruling is then pronounced and the copies of the decision is distributed. 

The hearings are open for public and the schedule can be seen on the Court’s website. The litigating parties may attend the hearings in person in the Constitutional Court or remotely. A request for remote hearing must be submitted no later than two days before the scheduled hearing.

2020 Pilkada Issues

KPU (General Elections Commission) Commissioner Hasyim Asy’ari and Bawaslu (Elections Supervisory Agency) Commissioner Fritz Edward Siregar delivered a presentation on “The Implementation, Supervision, and Settlement of the 2020 Pilkada Results Disputes.” He explained that the KPU is the respondent in the pilkada as the law states that the KPU as an election organizer inputs citizens into the permanent voters list (DPT), certifies the election tickets, election contesting political parties, and the electoral districts.

“The most decisive thing is that the tabulation and certification of election results is assigned to the KPU. Considering the enormous duties and authorities of the KPU, to avoid abuse of authority, many institutions supervise the KPU. They are Bawaslu, the Election Organizer Ethics Council (DKPP), the criminal court, the state administrative court (PTUN), and the Constitutional Court,” Hasyim said.

He also said there are three results of the election: votes, seats, and certification of the elected tickets. In the election of the president/vice president, the Regional Representatives Council (DPD), and in pilkada, there are two results: votes and elected tickets. “In the Constitutional Court Law, the Constitutional Court’s authority concerns disputes of the pilkada results that affect [who are elected]. However, through its decisions, the Court have discussed many other issues aside from votes, such as matters that affect vote acquisition,” he explained.

Hasyim further explained issues that might arise in the 2020 pilkada, such as invalid voters list. Voters list, he said, must include accurate information such as name, address, and date of birth. It is also updated and data in it must portray the latest information ahead of the voting. Another frequently arising issue is ineligible tickets being certified despite not meeting the requirements.

Next, Siregar said that in order to support the 2020 simultaneous pilkada, Bawaslu had organized technical assistance programs (bimtek) for members of the provincial, regency, and city Bawaslu in Jakarta to reinforce the information in similar programs held by the Constitutional Court. These programs include drafting Bawaslu’s written statement, in terms of format, language, evidence numbering, etc. “We held nine batches of such programs,” he said.

Siregar also mentioned issues in drafting Bawaslu’s written statement, such as finding evidence and numbering it. Bawaslu is currently gathering supervision data. “Therefore, come hearing time, when we have to submit a written statement, the documents will have already been collected,” he explained.

Also read: Court Holds Staff Training on 2020 Pilkada Dispute Settlement

Siregar’s presentation was followed by one on “Excellent Services to Stakeholders” by communication practitioner Ika H.P. Sastrosoebroto. She said good reputation is the reason why organizations provide excellent services. She also stressed the need to pay attention to details as reputation and professionalism often hinge on trivialities instead of big issues.

Sastrosoebroto also expressed her appreciation for the Court’s concern for excellent services and its mission to professionally guard the Constitution through modern and reliable judiciary. “People go to the Constitutional Court to find justice. At least they believe that in the Constitutional Court they can obtain justice,” she added.

She also said that pilkada disputes are a positive thing, since each party desires good and justice. She believes a uniform perception among the Indonesian people, the various stakeholders, and the Constitutional Court is a catalyst to the national development.

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

Translation uploaded on 12/11/2020 20:00 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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