Deputy registrar I Triyono Edy Budhiarto speaking at the third session of the workshop on the 2024 election results disputes for the Prosperous Justice Party (PKS), Tuesday (5/9/2023). Photo by Humas MK/Ilham W.M.
BOGOR (MKRI) — The workshop on the procedural law for the 2024 General Election Results Dispute (PHPU) for the Prosperous Justice Party (PKS) continued onto Tuesday, May 9, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province. On this second day, the participants listened to presentations on “The Constitutional Court and the Dynamics of PHPU;” “The Mechanism, Stages, and Schedule of the 2024 PHPU of DPR and DPRD;” and “The Use of ICT in Case Management in the Constitutional Court.”
In the second session, expert assistant to constitutional justice Pan M. Faiz gave a presentation on on “The Constitutional Court and the Dynamics of PHPU.” He explained that the idea to form a judicial body to review laws against the Constitution in Indonesia had emerged in the early days of the nation’s formation. He said it was proposed by Muhammad Yamin, who suggested that the Supreme Court be given an authority to review laws. However, the idea was rejected by Soepomo because Indonesia did not have many qualified law scholars at that time.
He then explained that the idea reemerged several times. In the 1970s, the Association of Indonesian Judges proposed that the Supreme Court be given such an authority. However, it was rejected on the grounds of honoring the authority of the People’s Consultative Assembly (MPR).
Faiz also explained that the Constitutional Court’s main authority is to review laws against the 1945 Constitution. Its decisions are final and binding not only to the litigants, but also to all citizens. The next authority is to settle authority disputes between state institutions whose authority is granted by the 1945 Constitution, to decide the dissolution of political parties in order to guarantee the right to assembly and form an association. Faiz said that Indonesia had a history of disbandment of political parties outside of court.
The next authority is to settle disputes over general election results. Faiz revealed that he had conducted a study that many single candidates will run in the 2024 election. It could happen, he said, because political parties run out of logistics after the legislative and presidential election. The Constitutional Court also has an authority to decide the House’s opinion on an alleged violation of law committed by the president and/or vice president based on the 1945 Constitution.
Quality of Evidence
Next, deputy registrar I Triyono Edy Budhiarto talked about “The Mechanism, Stages, and Schedule of the 2024 PHPU of DPR and DPRD.”
He said that the participants must fully understand with the stages of the 2024 DPR-DPRD PHPU cases, starting by observing the KPU’s (General Elections Commission) announcements, as they will impact the Court’s case registration.
He also said that although a PHPU petition is withdrawn during the registration period, the Court will still hold a hearing for it to ask for clarification of the withdrawal. He revealed that in the 2019 PHPU, some petitioners withdrew their petitions, but when asked in a hearing, the petitioners said they had not done so.
At the end of his presentation, Edy stressed that a strong petition not only has good arguments, but also quality evidence. He also explained that the Court has made it possible to file a petition online. The witnesses are also examined by the Court in order to facilitate access to justice.
Importance of ICT
On the last session, PKS’ national legal team listened to a presentation on The Use of Information and Communications Technology in Case Management in the Constitutional Court” by Taufik Gunanda dan Rachman Karim. The Court, they revealed, had provided mini courtroom facilities at 54 higher education institutions so that justice seekers would be able to use them for remote hearings, which eliminates the need for coming to the Constitutional Court in Jakarta in person. They added that the Court had already provided remote hearing facilities since 2009.
The Court also broadcasts its hearings live on its YouTube channel so that the public can follow the hearings anywhere and at any time. The mini courtrooms are not only located in state higher education institutions. “The Court has also provided them in several private higher education institutions,” Taufik said.
Taufik and Rachman also said that the Court had also installed such facilities in constitutional villages: Galesong Village, Takalar Regency, South Sulawesi Province; Nagari Pasia Laweh, Agam Regency, West Sumatera Province; Bangbang Village, Bangli Regency, Bali Province; and Mekar Sari Village, Kubu Raya Regency, West Kalimantan Province. It will also install another in Wasur Village, Merauke Regency, South Papua Province.
The 2024 PHPU workshop is taking 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.
Tuesday, May 09, 2023 | 19:28 WIB 171