Labor Party Members Learn Election Results Dispute Resolution

Substitute registrar Achmad Edi Subiyanto speaking at a workshop on the 2024 election results dispute resolution for the Labor Party, Tuesday (3/14/2023) at the Pancasila and Constitution Education Center. Photo by MKRI/Hidayat.

Tuesday, March 14, 2023 | 17:32 WIB

BOGOR (MKRI) — On the second day of the workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for the Labor Party on Tuesday, March 14, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province, substitute registrar Achmad Edi Subiyanto talked about “ The Constitutional Court and the Dynamic of PHPU.”

Edi began by talking about the history of the Constitutional Court’s foundation in Indonesia. It was established after the Reform as an independent judicial institution to enforce law and justice. The judiciary is exercised by the Supreme Court and the Constitutional Court. The two differ in that the first has other courts under it—a general judicature, religious court, military court, state administration court—while the latter is singular.

“Chapter IX [of the Constitution] on Judicial Power covers the judicial power in general and the judicial institutions that exercises it,” said Edy alongside moderator Santhy Kustrihardiani, Head of Pusdik’s Implementation Division.

Edi then talked about the Court’s control over the state power and the expectation that it can protect the citizens’ constitutional rights against the legislatures’ legal products. He focused on the Court’s authority to guard the citizens’ constitutional rights in the election, through PHPU.

Provide Evidence

In the third session, Next, second deputy registrar Wiryanto gave a presentation on “The Mechanism, Stages, and Schedule of the 2024 PHPU.” He encouraged the participants to understand the PHPU mechanism. Deadline, he stressed, is important. In addition, before filing a petition, they must ensure that the case will be granted, by providing relevant evidence. “Since the early stages, prepare evidence of anomalies, monitor the teams at polling stations, and do other things to ensure the votes,” he explained.

Also read: Chief Justice Encourages Labor Party to Monitor 2024 Simultaneous Election

Remote Hearings

In the last session, Widy Hastowahyudi and Hafidz Ikhsan Baihaki from the Center for Information and Communication Technology explained the electronic case management information system that facilitate justice seekers in filing petition. Widy explained the Court;s effort to optimize the use of information and communications technology to realize modern and trusted judiciary. Since its inception, the Court has thought about ways to facilitate justice seekers to access everything they need that the Court can offer.

He added that since 2008, the Court has been providing remote hearing facilities, since it is located only in the capital city. It has placed facilities in universities across Indonesia for remote hearings. It also prepared the legal basis for remote hearings in Constitutional Court Regulation (PMK) No. 1 of 2021.

“At remote hearings, the litigants must comply with the code of conduct. For example, an appropriate background must be used, participating online while on a moving vehicle is prohibited, and online participation requires a conducive and quiet environment. So, the litigants’ voices must be clearly heard by the constitutional justices,” Widy said.

Next, Hafidz explained the steps to access the electronic petition information system (Simpel). He educated them on how to make an account to register to file a petition. Simpel and other applications, he said, can be accessed through electronic devices and computers. He added that petitioners can also track the process online.

“In this session, after you succeed logging in to Simpel, you will practice drafting a petition on election results dispute,” he said.

Author       : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/16/2023 10:03 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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