Substitute registrar Mardian Wibowo speaking at a workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for Lemtari, Tuesday (4/11/2023) at the Pancasila and Constitution Education Center. Photo by MKRI/Bayu.

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BOGOR (MKRI) — The workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for Lembaga Tinggi Masyarakat Adat Republik Indonesia (Lemtari), an institution for Indonesian indigenous peoples, continued on Tuesday, April 11, 2023 at the Pancasila and Constitution Education Center in Cisarua, Bogor, West Java Province.

Substitute registrar Mardian Wibowo delivered a presentation on “The Dynamics of PHPU Settlement in the Constitutional Court.” He explained the history of constitution in Indonesia, a brief history of the amendment to the 1945 Constitution, the citizens’ constitutional rights, and the functions and authority of the Constitutional Court.

“After 1998, the 1945 Constitution underwent drastic changes. The Constitutional Court emerged in the amended 1945 Constitution,” he said.

He added that the importance of the Constitutional Court lies in its functions: as guardian of the Constitution, where it prevents arbitrary interpretations of the Constitution, the final interpreter of the Constitution, where it provides a final interpretation through a judicial review decision.

Its next function is protector of human rights and constitutional rights. “The difference between human rights and the citizens’ constitutional rights. Human rights are all rights that are attached to a person since they are born, such as the right to live and the right to earn a living. Meanwhile, constitutional rights are the rights of citizens enshrined in the Constitution,” Mardian explained.

After explaining the Court’s functions, he then explained its authority to review laws against the 1945 Constitution. This authority is carried out by world constitutional judicial institutions. In countries such as the US, the Supreme Court exercises this authority, while in Indonesia it is exercised by the Constitutional Court.

The Court’s authority to settle disputes over election results, Mardian said, is regulated in several laws and government regulations in lieu of laws (perppu). This led to dynamics in the resolution of election results disputes by the Constitutional Court.

“This fact compelled the Court to revise and adjust its regulations on election results dispute resolution. [It also led to] dynamics in the resolution of regional head election disputes, which was previously the Supreme Court’s jurisdiction,” he stressed.

The next session was led by chairman of Lemtari’s central executive board (DPP) Suhaili Husein Datuk Bandaro Mudo, who listened to reports on the regions’ customs.

Also read: Court Holds Workshop on Election for Indigenous Communities

The workshop, which take place on Monday to Thursday, April 10-13, 2023 at the Pancasila and Constitution Education Center, was attended by 130 Lemtari members. Constitutional justices, expert assistants to constitutional justices, substitute registrars, and other speakers delivered presentations at the event.

Author       : Bayu Wicaksono
Editor        : Lulu Anjarsari P.
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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