PKB members listening to presentation during the technical assistance program on the resolution of 2024 election results disputes, Tuesday (2/7/2023). Photo by MKRI/Ilham W. M.
Tuesday, February 7, 2023, | 22:24 WIB
BOGOR (MKRI) — Workshop (Bimtek) on the Dispute Resolution Procedure of the 2024 General Election (PHPU) for the National Awakening Party (PKB) is still ongoing on Tuesday (7/02/2024) at the Pancasila and Constitution Education Center in Cisarua, Bogor, West Java. Some PKB members on the second day of this Bimtek received materials on “The Dynamics of Handling PHPU in the Constitutional Court, Mechanisms, Stages, and Schedules for Handling Disputes over the Results of the 2024 General Election, as well as Electronic Case Handling Information Systems.”
Substitute registrar, Mardian Wibowo, as the speaker of the third session of the Bimtek, explained the history of the development of Indonesia's constitutional changes, a brief history of the amendment process of the 1945 Constitution, the constitutional rights of citizens, as well as the function and authority of the Constitutional Court.
Mardian explained that after 1998, the 1945 Constitution underwent significant changes compared to before the amendment. “And the Constitutional Court emerged in the amended version of the 1945 Constitution,” said Mardian.
Furthermore, Mardian said that the idea and concept of the need to establish the Constitutional Court in Indonesia arose after the reform era. This is based on the experience of governing during the Old and New Orders, where the constitution was often interpreted differently according to the interests of the rulers.
Regarding the importance of establishing the Constitutional Court, Mardian said it can be seen from the function of the Constitutional Court as a guardian of the constitution, meaning the Constitutional Court is tasked with ensuring that the constitution is not interpreted recklessly. The next function of the Constitutional Court is the final interpreter of the constitution, meaning that when there is a difference in interpretation, the Constitutional Court will be the final interpreter through testing of the law set out in the decision.
“The next function of the Constitutional Court is the protector of human rights and constitutional rights,” said Mardian.
Mardian also explained the difference between human rights (HAM) and the constitutional rights of citizens. HAM is all inherent rights since birth, including the right to life and the right to earn a living. While constitutional rights are the rights of citizens that are stated in the constitution.
He also emphasizes that the court is obliged to guard democracy as an integral part of our constitution, as it would be dangerous to return to an authoritarian system. Another function of the MK is to safeguard the state ideology, which is emphasized by the Court through its decisions, as the Pancasila state ideology is also enshrined in the constitution.
Thus, Mardian talked about the court's authority to review laws against the 1945 Constitution. In America and some countries, the authority to review the laws against the constitution is carried out by the Supreme Court (MA). The authority exercised by the MK is different from the MA.
Mardian explained that the MK consists of nine constitutional judges proposed by three institutions representing the three branches of state power. Three Constitutional Judges are proposed by the DPR, Supreme Court, and the President, respectively. Meanwhile, the staff below them are supporting units in the registrar's office and the general secretariat.
When deciding cases, judges must consider at least two evidence, “So, when providing evidence, please do not provide a minimum of two. However, in practice, applicants have provided more than two pieces of evidence, even up to containers if the scope is national, but the evidence must still be relevant,” said Mardian.
Constitutional justice is passive but active, meaning that they do not invite people to submit cases, but when the public files a case, they become active in digging up and exploring the facts revealed in the trial to then provide a verdict. Judges must base their decision on evidence and conviction.
Handling the Election Dispute
Regarding the authority to decide disputes over election results, Mardian revealed that elections are regulated by several laws and government regulations replacing laws (Perppu). With the variety of provisions governing elections, settling election disputes in the MK is dynamic. This reality also requires the MK to amend and adjust the MK regulations related to settling election disputes. This includes the dynamics of settling disputes over the results of local head elections, which were previously the authority of the MA.
The handling of election dispute cases is also influenced by the development of situations and conditions, such as during the pandemic. If previously the parties came to MK to conduct hearings in person, during the pandemic, the trial was conducted online.
The MK procedural law is also influenced by the practice of justice, such as the issue of duplicating documents and evidence from the parties, which is burdensome. Although the MK is a fast and low-cost justice institution, under the old regulations, the parties were asked to make 11 copies, which was considered burdensome. This condition was heavily complained about by the parties. Therefore, now the parties are only asked to make four copies to avoid burdening them, although it is a budget burden for the MK. “This is an example of the dynamics of the MK Regulation that occurs due to changes outside the MK,” said Mardian.
Technical Procedures
In the Mechanism, Stages, and Schedule for Handling Disputes in the 2024 General Election, Deputy registrar, Ida Ria Tambunan explained to the participants to carefully consider the stages of submitting a request, whether as an applicant or a related party. Ida reminded the participants that the deadline for submitting the request was very important because if it passed the deadline, even if the request registration was accepted by the MK, it would be rejected.
The submission of PHPU requests is made by the central executive board (DPP) of a political party, or other designations, at the latest 3x24 hours after being announced by the General Election Commission (KPU). The MK will work for 24 hours to receive the request. To overcome geographical obstacles, the MK opens online registration for requests so that applicants do not need to come to the MK.
Finally, Ida reminded the participants to continue to monitor incoming requests through the MK website. According to Ida, this must be done so that the participants can prepare themselves as related parties if there is a case.
In the fourth session of the training, PKB members received material on the Electronic Case Handling Information System. The session explained the technical and practical aspects of registering a case as an applicant or related party online. Participants also learned how to view and track incoming cases through the application provided by the MK.
The participant also received information on online procedures, whether using mobile devices, laptops, or through the MK's mini smartboard courtroom located in various locations throughout Indonesia, both in universities and villages.
Author: Ilham WM.
Editor: Nur R.
Translator: Azzahra Salsabilla (NL)
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.
Tuesday, February 07, 2023 | 22:24 WIB 331