Deputy registrar Ida Ria Tambunan speaking at a workshop on the general election results dispute resolution for the Golkar Party, Tuesday (2/28/2023) at the Pancasila and Constitution Education Center, Cisarua, Bogor. Photo by MKRI/Agung.

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BOGOR (MKRI) — The workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for the Golongan Karya (Golkar) Party continued into the second day on Tuesday, February 28, 2023. Some 150 attendees, who are the party’s members and functionaries, followed the workshop at Grha Konstitusi 3 of the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province.

In the second session, Pan Mohamad Faiz, an expert assistant to constitutional justice, talked about the Court’s authority on election. He advised the workshop participants to understand the Court’s decisions that could impact the electoral design. Before the PHPU, candidates contesting in election must also understand Indonesia’s constitutional supremacy.

He explained that the Court is authorized to review laws and government regulations in lieu of laws (perppu) against the 1945 Constitution, which is the supreme law of the land. Meanwhile, the review of regulations under laws—government regulations, presidential regulations, provincial/regency/city regulations—against laws is carried out by the Supreme Court.

“Although the Constitutional Court’s decisions cannot be appealed, unlike the Supreme Court’s decisions, a petition can be filed under the conditions that the constitutional basis and the arguments are different from that of the previous decision. Therefore, the Court can interpret [the Constitution] following society’s changes,” Faiz said alongside Santhy Kustrihardiani, Head of Pusdik’s Implementation Division.

Relevant Evidence

Faiz then talked about how litigants submit evidence during PHPU hearings. He said one time a litigant submitted a box of instant ramen at the hearing as evidence for vote buying. He asserted that such evidence cannot affirm the Petitioner’s arguments. He also revealed that once, vote results forms tampered with white-out had been submitted to the Court. It was very easy for constitutional justices to see the change made to the forms.

Faiz urged the participants to exercise caution when submitting evidence at the hearing. Authentic and relevant evidence help strengthen the petition’s arguments, he said.

He went on to reveal some of the Court’s decisions on PHPU, such as one where the Court ruled that voters who are not listed in the DPT (final voters list) can use their KTP (resident identity card) or passport to be able to vote, where the election candidacy system was changed from one that uses order by number to number of votes, on a case on parliamentary threshold, on a case on presidential threshold, on the verification of political parties contesting in election, and on presidential election with two presidential tickets.

“Although those decisions are on judicial review of laws, they should be taken into account since they could impact the implementation of the upcoming election,” Faiz said.

Also read: Golkar Members Join Workshop on Election Results Dispute Resolution 

Petition Filing Stages

In the third session, deputy registrar Ida Ria Tambunan delivered a presentation on “The Mechanism, Stages, and Schedule of the 2024 PHPU.” She reminded the participants that the deadline and stages for filing the petition for PHPU on legislative election and the legal basis.

“Remember, the object has a deadline of 3x24 hours since the central KPU announces the vote results. The strategy is as soon as the KPU announces [the results], do not wait until 1x24 hours to file [the petition], but prepare all evidence, the complete documents, since the petition can only be filed once, not multiple times,” she explained.

Building System for Justice Seekers

In the fourth session, the participants listen to a presentation on “The Electronic Case Management Information System” by Riska Aprian and Ishak Purnama from the ICT Department. The Court provided technology facilities to ease access for justice seekers.

From the beginning, the Court has implemented ICT, including the ICT infrastructure to support remote hearings and live streaming, and electronic petition information system (Simpel) to facilitate online petition filing. The Court also has a website, case tracking, case retrieval, and personalized Click MK, which are available on mobile.

“Based on the Court’s vision, the institution not only aspires to become modern through the use of technology but also through its work culture. It built a system that depends on all stakeholders—officials, staff members, as well as documents, audio, and video—to ensure trust in the Court and so that people get justice,” Aprian explained.

Participants were invited to practice using the Simpel application that will be used in the upcoming PHPU. Ishak then taught the participants how to file a petition as an individual petitioner and as a party step-by-step. He also informed them to prepare necessary documents for it, such as the petitioner’s and legal counsel’s identification and the evidence.

Author: Sri Pujianti
Editor: Nur R.
Translator: Berlian Febrina Viaraputri/Yuniar Widiastuti (NL)

Translation uploaded on 3/14/2023 15:33 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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