Constitutional Justice Daniel Yusmic P. Foekh giving a lecture on “Challenges to Realizing Electoral Justice for 2024 General-Regional Election” at the University of Balikpapan, Friday (2/17/2023). Photo by MKRI/Ilham W. M.

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BALIKPAPAN (MKRI) — Constitutional Justice Daniel Yusmic Pancastaki Foekh inaugurated a mini courtroom smartboard and gave a public lecture on “Challenges to Realizing Electoral Justice for 2024 General-Regional Election” on Friday, February 17, 2023 at the University of Balikpapan (Uniba), East Kalimantan Province. Before the academic community of Uniba, he explained the history of general elections, regional elections, and election dispute resolution in Indonesia.

He explained that from 1945 to 1974, governors had been appointed by the president, while regents and mayors by the minister of home affairs. From 1975 to 2005, regional heads were elected by the DPRD (Regional Legislative Council). The institution responsible for conducting elections was established in 1946, with several changes in form, name, and authority.

Since the 1998 Reform, Justice Foekh added, the concept of elections has undergone changes. Currently, the election organizing bodies are the KPU (General Elections Commission), Bawaslu (Elections Supervisory Body), and DKPP (Election Organizer Ethics Council), which serve as a unity. In addition, the Constitutional Court serves as the judicial institution that settles disputes over election results.

The resolution of election results disputes in the Constitutional Court is dynamic. Its regulations (PMKs) have undergone changes due to social factors, including changes the COVID-19 pandemic. Justice Foekh also mentioned that the Court’s smartboard grant is the Court’s effort to make it easier for the public to access the Court amid the COVID-19 pandemic.

The Court has also handed down many judicial review decisions on election and made legal breakthroughs in handling regional election result disputes, such as those related to single tickets. Systematic, structured, and massive violations are examined by the Court but with stricter requirements, such as the case of elected regional head having dual citizenship.

Structural and Procedural Guarantees

Next, Mohamad Nasir, stated in his presentation that democracy could be ruined by elected officials and those who favor powerful figures in election organizing bodies, thus making democracy procedural. He stressed that anyone involved as political organizers must be free from interference by those in power.

The existing structural guarantees, i.e. laws, must assert that independent election organizers be free from the interests of political parties. Nasir observed that without the affirmation of legal regulations, there will always be efforts to infiltrate election organizers.

In addition to structural guarantee, election organizers also need procedural guarantee, i.e. transparent, clear, and concise provisions; easy access to justice; electoral justice without cost or with reasonable cost; consistent interpretation and application of electoral laws; fast and timely decisions; the right to a fair legal process; and finally, decisions and orders that are fully and timely implemented. Nasir emphasized that electoral justice cannot only be realized during the election and settlement of election disputes but also in the planning of the election.

In the Q&A session, Wawan Sanjaya asked a question about the establishment of a special judicial institution for regional elections. In response, Justice Foekh explained this was entirely within the realm of lawmaking. However, he said that both the KPU and Bawaslu oversee general and regional elections, so the institution for resolving disputes over election results is also the same.

He also said that the Court is not bound by procedural matters over voting threshold. In fact, in certain cases, it has been involved in substantive issues such as in the case of Sabu Raijua Regency election, where the winning candidate held a dual citizenship.

Next, Ahmad Afiandi asked about the presidential threshold. Justice Foekh emphasized that many parties have tempted the Court to be a positive legislator, but it did provide a constitutional interpretation several times.

Support for Classroom Activities

Before the lecture, Law Faculty Dean Bruce Anzwar stated in his speech that he had been looking forward to this smartboard since 2015. He believes it can support classroom activities, especially for courses on the Constitutional Court and so that students can directly follow its proceedings.

Deputy Rector for academic affairs Manaseh, who represented the rector, stated in his speech that the legal dynamics in Indonesia is very interesting to observe and explore. Therefore, he welcomed Justice Foekh’s public lecture for the students.

Meanwhile, chairman of the Uniba board of trustees, Rendi Susiswo Ismail, said in his speech that in the future, the lecture will also be given to graduate students. He believes the lecture to be very important because the knowledge comes directly from the source. He also said that the Constitutional Court is a valuable part of the Reform movement. He also cautioned against movements promoting a presidential decree to return to the pre-amendment Constitution, because they will eliminate the Constitutional Court, which is the guardian of democracy.

Author       : Ilham W. M.
Editor        : Nur R.
Translator  : Berlian Febrina Viaraputri/Yuniar Widiastuti (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.

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