Deputy Chief Justice Aswanto speaking at an event by the Elections Supervisory Body, Thursday (9/22/2022). Photo by MKRI/Hamdi.

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Thursday, September 22, 2022 | 20:48 WIB

JAKARTA (MKRI)—Deputy Chief Justice Aswanto spoke at an event on “Enforcement of Election Law and Resolution of Election Legal Issues” by the Elections Supervisory Body (Bawaslu) of the Republic of Indonesia on Thursday, September 22, 2022 in Jakarta.

On site, the chief justice said the legal basis for the Court’s establishment is Article 24 paragraph (2) of the 1945 Constitution, which stipulates that the judicial power shall be made by a Supreme Court and judicial bodies thereunder within a general judicature, religious court, military court, state administration court, and by a Constitutional Court. He also explained that the Court is authorized to adjudicate laws against the 1945 Constitution at the first and last instance with decisions that are final, to settle authority disputes between state institutions whose authorities are granted by the 1945 Constitution, to decide the dissolution of political parties, and to settle disputes over general election results. It is also obligated to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president, pursuant to Article 24C paragraphs (1) and (2) of the 1945 Constitution.

“The Court’s authority in settling election results disputes for the legislative and presidential elections is in Article 24C paragraph (2) of the 1945 Constitution. In case of a dispute, a political party can file a petition. This often becomes an issue. The petitioner is an election candidate, but the Constitution stipulates that they should do so through their political party. Meanwhile, the Respondent is the KPU,” he said.

Deputy Chief Justice Aswanto also said that the object in an election dispute case is the Respondent’s decision on the certification of the national vote acquisition of House (DPR) and DPRD members that affect the petitioner’s seat and/or their election in an electoral district, or the fulfilment of the threshold following legislation.

Meanwhile, Bawaslu and/or its ranks hierarchically serves to testify at electoral cases in the Constitutional Court. “Bawaslu’s testimony should be submitted to the Court no later than two days before the preliminary hearing. It must be written in Indonesian, signed by Bawaslu or its legal counsel,” he added.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/7/2022 12:15 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.

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