Chief Justice Anwar Usman opening a workshop on the 2024 election results disputes for the Prosperous Justice Party (PKS), Monday (5/8/2023). Photo by Humas MK/Ilham W.M.

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BOGOR (MKRI) — Chief Justice Anwar Usman opened a workshop on the procedural law for the 2024 General Election Results Dispute Resolution (PHPU) for the Prosperous Justice Party (PKS) on Monday, May 8, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province.

In his remarks, the chief justice said that the key to PKS’ victory lies on the party’s national legal team, who attended the workshop. He revealed the party’s secretary-general’s lament of the loss of votes in a number of electoral districts, thus, the workshop is part of the effort to preserve those votes.

He went on to share the story of Shuraih ibn al-Hârith, who adjudicated the case relating to the theft of Ali’s armor. Everyone knew it belonged to Ali, but Ali’s witnesses and evidence did not meet the requirements. Qadi Shuraih then decided that the accused had not been proven guilty of stealing.

In his remarks, PKS’ central executive board (DPP) secretary-general Habib Aboe Bakar Alhabsyi said the party would need assistance in dealing with election disputes. He hoped the workshop would give the party exactly that help.

After the workshop, participants were expected to understand the procedural law for election results disputes, as both a petitioner and a relevant party. These national legal counsels will use that knowledge to assess cases that they can file to the Court.

The workshop will also help them know which documents they need and the pieces of evidence to submit to the Court. Alhabsyi urged them to ensure that pieces of evidence be collected gradually and swiftly, due to the deadline.

Previously, in his report, Acting Secretary-General Heru Setiawan said that the participants would receive materials on the Court’s procedural law, practice drafting a petition, and practice filing a petition online.

Evidence as Key

In the next session, Deputy Chief Justice Saldi Isra and Constitutional Justice Suhartoyo also delivered their presentations. Justice Suhartoyo explained the procedure to file a PHPU petition. He reminded the participants that the deadline for a legislative PHPU petition is 3x24 hours, including weekends and holidays, in which the Court will remain open to receive petitions.

He also explained that requests to be relevant parties can be submitted two days after the petition is registered in the electronic constitutional case registration book (e-BRPK).

Meanwhile, Deputy Chief Justice Saldi Isra explained that the Indonesian election system differ from that of the US. In Indonesia, he said, political parties can win votes in an electoral district despite losing from others.

The Constitutional Court, he added, not only adjudicates the number of votes, but also fraudulent election stages. He revealed that the Court ruled the election of Sabu Raijua, one of whose candidates were proven to have double citizenship.

Deputy Chief Justice Saldi said that the legislative PHPU resolution is fair since everyone is given the same opportunity to present evidence. He stressed that all stakeholders must prepare their evidence. “The Court once had to match the signatures of election organizers at the hearing to validate the litigants’ evidence,” he said.

The 2024 PHPU workshop will take place for four days on Monday to Thursday, May 8-11, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province. The participants—138 PKS members—will listen to presentations on the Court’s procedural law on the 2024 election; the mechanism, stages, and schedule of the 2024 PHPU; electronic case management information system; etc. They will also practice the materials they have received. Constitutional justices, expert assistants to constitutional justices, substitute registrars, expert assistants to constitutional justices, and other speakers will deliver presentations at the event.

Author       : Ilham M.W.
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 version, the Indonesian version will prevail.

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