Chief Justice Anwar Usman opening the judicial review hearing of Law No. 7 of 2017 on General Elections, Tuesday (10/26/2021) in the plenary courtroom. Photo by Humas MK/Panji.

---

Tuesday, October 26, 2021 | 17:39 WIB

JAKARTA, Public Relations—Another judicial review hearing of Law No. 7 of 2017 on General Elections took place at the Constitutional Court (MK) on Tuesday, October 26, 2021. The plenary hearing for case No. 16/PUU-XIX/2021, presided over by Chief Justice Anwar Usman and the other eight constitutional justices, had been scheduled to hear the testimonies of experts for the president (Government). However, the Government conveyed that they canceled the experts’ appearance.

This was revealed after Chief Justice Anwar Usman said that the Court had received a letter from the Ministry of Home Affairs notifying the cancellation of the Government’s experts’ appearance at the Court. The chief justice then asked the Government’s counsel for a confirmation.

“The Court received a letter from the Ministry of Home Affairs in relation to today’s hearing that the President canceled the experts. The President’s counsel, is this correct?” he asked.

Wahyu Chandra Purwo Negoro from the Ministry of Home Affairs stated that the Government had submitted a full testimony and canceled the experts’ testimonies.

“Based on the leadership’s directive, we canceled the experts’ [testimonies] based on letter No. 180/5933/SJ dated October 19, 2021. So, it is correct, Your Honor,” he replied.

“Then, this is the last [evidentiary] hearing and the litigants are to submit a concluding statement no later than 7 workdays since today, or on Wednesday, November 7, 2021 at the latest,” Chief Justice Anwar Usman said. 

Also read:

Election Organizers Question Workloads During Simultaneous Elections

Petition on Election Law Revised 

Govt and KPU Testify on Simultaneous Elections 

House: Election Simultaneity Follows Constitutional Court’s Decision

The Petitioners challenge Article 167 paragraph (3) and Article 347 paragraph (1) of the Election Law. The former reads, “The voting process in an election shall be conducted simultaneously on a holiday or a day determined as a national holiday,” while the latter reads, “The voting of all elections shall be conducted simultaneously.”

The Petitioners are citizens who worked as an election organizer in a polling station working committee (KPPS), a subdistrict election committee (PPK), and polling committee (PPS) during the 2019 Elections. Akhid Kurniawan was a KPPS member at TPS 024 of Wirokerten Village, Banguntapan Subdistrict, Bantul Regency, Yogyakarta Special Province. Dimas Permana Hadi was a PPK member of Ngaglik Subdistrict, Sleman Regency, Yogyakarta Special Province. Heri Darmawan was a PPK member of Sukmajaya Subdistrict, Depok City, West Java Province. Subur Makmur was a PPS member of Abadijaya Village, Sukmajaya Subdistrict, Depok City, West Java Province.

At the preliminary hearing on Wednesday, June 9, 2021, attorney Kahfi Adlan Hafiz talked about the Petitioners’ workloads as KPPS, PPK, and PPS members in the 2019 Elections. He said that there was a fundamental issue concerning the workloads of election organizers.

“The workloads of election organizers, especially KPPS, PPK, and PPS, according to Petitioners, were very heavy, irrational, and inappropriate,” he said. The Petitioner reasoned that it was because the elections were carried out simultaneously with five ballots to elect the president and vice president, the House of Representatives (DPR), the Regional Representatives Council (DPD), the provincial DPRD (Regional Legislative Council), and the regency/city DPRD.

Kahfi relayed Akhid Kurniawan’s recount (Petitioner I) of the KPPS’ duties, which were not only limited to the voting day, but also at least since three days before voting day. They include receiving and securing the logistics and building the polling stations (TPS).

Despite their grievance, the Petitioners intend to participate in KPPS, PPK, and PPS in the 2024 Elections. However, they filed the petition not only in relation to their duties in the 2019 Elections, but also because the issue will have greater impacts on the workloads of ad hoc election organizers throughout the country in 2024—especially KPPS, PPK, and PPS—on voting, vote counting, and recapitulation. They believe that it is directly related to the smooth running of honest and fair elections in accordance with the people’s sovereignty, with more rational, appropriate, and humane workloads for the election organizers. 

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

Translation uploaded on 10/27/2021 10:17 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---