Constitutional Justice Enny Nurbaningsih delivering a public lecture at Raden Patah State Islamic University, Friday (12/16/2022) in Palembang. Photo by MKRI/Hamdi.

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Friday, December 16, 2022 | 14:40 WIB

(MKRI) — Based on the Constitutional Court (MK) Decision No. 67/PUU-XIX/2021, the national simultaneous general elections (pemilu) by the legislatures in 2024 has been designed to take place in two stages. The first stage is a simultaneous election to elect members of the DPR (House of Representatives), DPD (Regional Representatives Council), president/vice president, and DPRD (Regional Legislative Council). The second stage is a simultaneous regional head election (pilkada). The simultaneous voting for and inauguration of the elected candidate pairs, hopefully would contribute to effectiveness and efficiency of development policies between the regions and the central government.

This statement was made by Constitutional Justice Enny Nurbaningsih in a public lecture by Raden Fatah State Islamic University (UIN) on Friday, December 16, 2022 in Palembang. In her presentation on “The Urgency and Challenges of the 2024 Simultaneous General and Regional Elections,” she invited the participants to prepare for the simultaneous festival of democracy in 2024.

“The simultaneous national election will end in the 2024 Pilkada, and the completion can only be up to 2025, and if there are re-votes, the settlement [of the dispute cases] will be delayed and complete longer. However, there are legal provisions that the Court can bypass to resolve cases submitted later. This is how the Constitutional Court and us together create a just democratic life,” she said before UIN Raden Fatah Nyayu Khodijah, Sharia and Law Faculty Dean Marsaid, Deputy Dean I of the Faculty of Sharia and Law M. Tarik, and head of the Constitutional Law Graduate Program Yazwardi.

Resolution of General and Regional Election Disputes

The challenges to general and regional elections, Justice Enny said, also include the resolution of disputes over them in the Constitutional Court. Before those cases reaches the constitutional justices, the litigants can take legal measures in stages. First, violations of administrative and election processes are resolved by the KPU (General Elections Commission)/Bawaslu (Elections Supervisory Body). In such cases, through their representatives at polling stations, election participants can submit supporting evidence that. Second, any state administrative disputes during the election period or criminal offenses are resolved by the State Administrative Court (PTUN) and the Integrated Law Enforcement (Gakkumdu). Third, violations of code of ethics by election organizers are resolved by the Election Organizer Ethics Council (DKPP). Last, disputes over general or regional election results, including those on vote acquisition and matters that cannot be resolved by other institutions, can be petitioned to the Constitutional Court.

The settlement of general and regional election dispute cases, Justice Enny added, is limited. Petitions on the presidential election results can be filed to the Court until 3 days after the vote recapitulation and must be resolved within 14 days. Petitions on legislative election disputes can be filed within 3x24 hours after the vote recapitulation and must be resolved within 30 days. Meanwhile, petitions on regional election disputes can be submitted 3 days after the announcement of the vote results and must be resolved within 45 days.

She then gave a detailed account of how the proceedings of disputes over general and regional election results in the Constitutional Court. The constitutional justices, she added, must be prepared not only physically and mentally, but with the procedural law. At the end of her lecture, she hoped the participants understand the role of each election organizer and that general and regional elections would lead to democracy and prosperity for all of the people.

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/26/2022 09:31 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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