Constitutional Justice Daniel Yusmic P. Foekh giving a public lecture at the Law Faculty of the University of North Sumatera (FH USU) in Medan, Friday (3/3/2023). Photo by MKRI/Hamdi.

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MEDAN (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh gave a public lecture on “The Constitutional Court’s Preparedness for the General and Regional Election Results Dispute Resolution of 2024” at the Law Faculty of the University of North Sumatera (FH USU) in Medan on Friday, March 3, 2023. FH USU law students, Rector Mahmul Siregar, and the Indonesian Christian Students Movement (GMKI) attended the lecture.

Before the amendment to the 1945 Constitution, Justice Foekh said, an agency that serves to organize elections had been formed in 1946. It is known as the KPU (General Elections Commission). Meanwhile, in 1982, the Elections Supervisory Committee (Panwaslu) was formed. It then transformed into Bawaslu (Elections Supervisory Body).

Since the 1998 Reform and after the amendment to the Constitution, the KPU has been serving to organize elections, while Bawaslu supervise them, DKPP (Election Organizer Ethics Council) oversees the KPU and Bawaslu, and the Constitutional Court resolve disputes over election results.

“Nevertheless, the Constitutional Court’s role in the election is more complex than merely adjudicating disputes over election results. As a constitutional jurisdiction, through the authority to review the constitutionality of laws or judicial review, the Constitutional Court can change electoral policies in a limited scope,” Justice Foekh said alongside expert assistant to constitutional justice Alboin Pasaribu, who graduated from FH USU.

He also explained the principles of the election per Article 3 of the Election Law: independent, honest, fair, legally certain, orderly, open, proportional, professional, accountable, effective, and efficient. These, he said, are related to the implementation of the election and the resolution of disputes over it.

Justice Foekh went on to explain the dynamics of the resolution of election results disputes (PHPU) in the Constitutional Court. To carry out its authority, the Court has prepared procedural law that was put into regulations and notes for the 2019 PHPU and the 2020/2021 regional election results disputes. He revealed that violations relating to vote counting and recapitulation, vote reduction and vote inflation, vote recording errors, vote recapitulation errors on different forms, asynchronous C1-plain C1- hologram C1 forms, and disregarded Bawaslu recommendations had been found and proven in the Court.

On those findings, the Court has declared the accurate vote results, ordered revotes, ordered recounts, and disqualified candidate pairs.

“For the sake of justice in the upcoming 2024 Election, the Constitutional Court has been organizing PHPU procedural law workshops for political parties that were declared eligible to participate in the 2024 Election. There are 18 national parties and 6 Aceh local parties. This is to serve justice to justice seekers,” Justice Foekh explained. 

Author       : Sri Pujianti
Editor        : Nur R.
Translator  : 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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