Head of the Public Relations and National Affairs Department Fajar Laksono speaking at a workshop on the general election results dispute resolution for PDI-P, Tuesday (2/21/2023). Photo by MKRIBayu.

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BOGOR (MKRI) — The workshop on the procedural law for the 2024 general election results dispute (PHPU) for the Indonesian Democratic Party of Struggle (PDI-P) continued to the second day on Tuesday, February 21, 2023 at the Pancasila and Constitution Education Center (Pusdik), Cisarua, Bogor, West Java Province. The participants received materials on the dynamics of handling PHPU in the Constitutional Court (MK); the mechanism, stages, and schedule for handling the 2024 general election results disputes; and the electronic case management information system.

Head of the Public Relations and National Affairs Department Fajar Laksono delivered materials on the Court’s authority and obligations. “The Court has the authority as regulated in Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraphs (1) and (2) of Law No. 24 of 2003 as amended by Law No. 8 of 2011 on the Constitutional Court,” he said.

The aforementioned authority includes reviewing laws against the Constitution, deciding disputes over between state institutions whose authority is granted by the Constitution, disbanding political parties, and deciding disputes over the results of general elections. Meanwhile, its obligation as stated in Article 24C paragraph (2) of the 1945 Constitution is to provide a decision on the House of Representatives’ (DPR) opinion regarding alleged violations by the president and/or vice president according to the Constitution.

Fajar explained the Court’s position in the administration. Austrian jurist Hans Kelsen stated that a constitutional court was established in Austria as the guardian of the constitution. However, it was politically unpopular as it had the power to cancel laws, which was the parliament’s authority. “The constitutional court is a state system phenomenon that became a trend in the 20th century. This is marked by the establishment of the Austrian constitutional court, later known as the first one in the world,” he explained.

The idea of forming a constitutional court in Indonesia, Fajar continued, only re-emerged after the 1999-2002 amendment to the 1945 Constitution. Specifically, in the third amendment, the Constitutional Court was then accommodated in Article 24C of the 1945 Constitution. After studying the Constitutional Court in many countries, Indonesia finally formed a constitutional court that adheres to the Kelsenian model, where the constitutional court is an independent judicial power. “The Indonesian Constitutional Court was officially established on August 13, 2003,” Fajar said.

Also read: Court Holds Workshop on Election Disputes for PDI-P

Stages of PHPU Petition

In his presentation on the mechanism, stages, and schedule of the resolution of the results of the 2024 election, deputy registrar I Triyono Edy Budhiarto urged the participants to carefully examine the stages of filing petition, both as petitioner and relevant parties. He reminded them that the deadline is crucial because if the deadline is missed, the petition will be deemed inadmissible.

Next, Edy said that after petition is declared complete and revised, it is recorded in the electronic constitutional case registration book (e-BRPK). After that, copies of the petition are sent to the respondent (KPU/General Elections Commission) and Bawaslu (Elections Supervisory Body). Then, relevant parties filed a request to testify as ones and all parties are notified of the hearing schedule. The next stages are preliminary hearing, evidentiary hearings, and justice deliberation meeting. Finally, the decision is read out and a copy of the decision is distributed.

Edy also asked the participants to understand the Court’s procedural law so that all activities in filing PHPU petition in 2024 be optimal, both in terms of petition filing and the completeness of documents and evidence.

Case Management Information System

In the fourth session, the participants listened to a presentation on the electronic case management information system by two members of the IT team, Mazmur Alexander Manik and Rudi Kurniawan. They explained the technical and practical aspects of registering a case as a petitioner or relevant party online. The participants also learned how to and track cases they filed.

To file a case online with the Constitutional Court, petitioners directly access simpel.mkri.id and register to obtain a login account. After that, they fill in the fields, after which they will receive a receipt. If the petition is registered, they will receive a notification from the Registrar’s Office through email and text message.

The IT team also explained that as a modern and trustworthy judicial institution, the Constitutional Court utilizes of information and communication technology (ICT) to provide easier access to file cases. It has an ICT-based work system, has a modern mindset and culture, including a commitment to ICT (integrity, cleanliness, and trustworthiness). 

Author       : Bayu Wicaksono
Editor        : Nur R.
Translator  : Azzahra Salsabilla/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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