Chief Justice Anwar Usman opening a workshop on the 2024 election results dispute resolution for the Labor Party, Monday (3/13/2023) at the Pancasila and Constitution Education Center. Photo by MKRI.
Monday, March 13, 2023 | 23:30 WIB
BOGOR (MKRI) — Laborers have had a real part in fighting for development, welfare, and social justice in Indonesia’s history. Decent wages, workforce, and fair work relations all have a place in the growing democracy, said Chief Justice Anwar Usman while opening a workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for the Labor Party on Monday, March 13, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province.
“Since the beginning of independence, the nation’s founders were determined to establish a country that protected its citizens without exception, including in terms of workers’ welfare. Welfare is fought for together while upholding principles and values that apply in a democratic rule of law,” he said before Vice President of Labor Party Agus Supriyadi, Acting Secretary-General Heru Setiawan, and Acting Head of Pusdik Elisabeth.
The laborers’ fight, he said, was oriented toward realizing justice, sovereignty, and welfare for the people. On this note, the Labor Party joined this workshop to understand and fight for citizens’ constitutional rights that are guaranteed by the state in order to ensure justice in the upcoming election. By understanding the Constitutional Court’s procedural law for election disputes, the party will also take part in the resolution of those disputes.
“As we all know, to litigate in the Constitutional Court, there is a procedure and procedural law, so the understanding of the Court’s procedural law is important for litigating parties,” Chief Justice Anwar Usman said.
He ended his remarks by expressing hope that the workshop’s participants and the Court could monitor the 2024 Simultaneous Election together for the sake of a democratic election that follows principles mandated by the Constitution and statutory legislation.
Meanwhile, in his report, Acting Secretary-General Heru Setiawan said the workshop was a means for political party members who will contest in the upcoming election to get insights from speakers. Pancasila and the Constitution, he said, stipulates that the election is the manifestation of the people’s will, which must be carried out with honesty and fairness. Disputes on the election would end up in the Constitutional Court, as per Article 24C paragraphs (1) and (2) of the 1945 Constitution, which stresses that the Court is authorized to adjudicate disputes over the results of the election of president-vice president, legislative members, and regional heads.
“The workshop serves to give understanding of the procedure in the Constitutional Court, of drafting a petition as a petitioner [and a statement] as a relevant party. So, today’s workshop is the sixths event for political parties contesting in election. For four days [the Labor Party] will obtain insights on filing a petition that the Court will grant, following the limitations as stipulated in the provisions,” Heru explained.
Avoid Election Disputes
In his remarks, Vice President of Labor Party Agus Supriyadi hoped his party’s members would get important insights during the workshop. With the spirit to realize a prosperous, authoritative, and dignified country, Agus hoped the party can avoid election disputes in the 2024 Simultaneous Election.
“Hopefully, our participation in this workshop will be an asset to avoid disputes, since we aspire to realize a prosperous, authoritative, and dignified country,” he said.
Object of Dispute
Constitutional Justices Suhartoyo and Manahan M. P. Sitompul talked about the procedural law for the 2024 PHPU in the first session alongside moderator Acting Head of Pusdik’s Program and Implementation Division. Justice Manahan said the object of dispute in the upcoming PHPU is the certification of the KPU (General Elections Commission, respondent). Meanwhile, the petitioners could be political parties participating in election, DPR (House of Representatives) or DPRD (Regional Legislative Council) member candidates of a certain party who have obtained the approval of the party’s chairman and secretary-general, or DPRA (Aceh Legislative Council) and DPRK (Aceh Regency Legislative Council) members for Aceh parties. There will also be relevant parties—usually the parties the KPU certifies as winners.
“[The relevant parties] will provide testimony or response on why they won, while the object is the KPU’s certification of the national votes,” he explained.
Next, Constitutional Justice Suhartoyo explained the proceedings in the Constitutional Court. When the documents are filed and revised following statutory legislation, the Registrar’s Office assigns a number to the petition, which is then forwarded to the chief justice for the formation of a justice panel. This process follows that of the judicial review.
After the hearing schedule is set and the litigants (petitioner, respondent, Bawaslu, and relevant parties) summoned, the preliminary hearing takes place, in which the petitioner conveyed what they petition. The justice panel then gives the respondent time to draft a response and Bwaslu (Elections Supervisory Body) to provide a statement on its oversight relating to the matters that the petitioner questions.
“Before evidentiary hearings, the petitioner should observe the deadline, legal standing, posita and petitum, so that the justices can decide on whether the case continues. If the petition meets formal requirements, there will be evidentiary hearings presenting other litigants who argue their case. Then, the justices decide on the case,” he explained.
Justice Suhartoyo added that the Court’s proceedings are simple, as it comes down to how the petitioner argues their case. The petition must be systematic, where it explains the Court’s authority, the petitioner’s legal standing, the deadline to file the petition, the posita (background), and the petitum (things the petitioner requests). The arguments must be supported by relevant evidence, so that the petition has ground and is granted by the justices.
In the Q&A session, Lalu Pringadi from Central Lombok asked about the deadline for filing a petition, which would not be sufficient for completing all documents. In response, Justice Manahan said the 3x24-hour deadline is set by Law. It might not be enough, but it has been regulated in the Law and in the Constitutional Court Regulations. Petitioners, he said, could anticipate it by, for example, filing the petition in person if they are close to the Court, or to do so online if they are not close by.
“In addition, political parties can collaborate with the candidates, especially to devise a strategy to prepare all documents in 3x24 hours. For example, to send witnesses at all [polling stations], to have a legal team ready to coordinate with witnesses or other instruments by the party,” he said.
Author : Sri Pujianti
Editor : Nur R.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 3/16/2023 09:28 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.