Substitute registrar Syukri Asy’ari speaking at a workshop on the general election results disputes for the Prosperous Justice Party (PKS), Wednesday (5/10/2023). Photo by Humas MK/Ilham W.M.

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BOGOR (MKRI) — The workshop on the procedural law for the 2024 General Election Results Dispute (PHPU) for the Prosperous Justice Party (PKS) continued onto the third day on Wednesday, May 10, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Bogor, West Java Province. The participants, who are the party’s national legal team, practiced drafting a petition and the relevant party’s statement for the 2024 PHPU.

Substitute registrar Syukri Asy’ari delivered a presentation on “Drafting Petitioner’s Petition and Relevant Party’s Statement for the 2024 PHPU.” He said that PKS’ legal team must focus on the fact that the object of the DPR (House of Representatives) and DPRD (Regional Legislative Council) election results dispute case is the decision of the KPU (General Elections Commission), the respondent, on the certification of the national results of the DPR/DPRD election that affects the petitioner’s seats and/or the certification of a DPR/DPRD candidate in an electoral district.

He also revealed that in the 2019 PHPU, out of 24 petitions that PKS filed, not one was granted by the Court. He then detailed the cases: 14 were rejected while 10 were dismissed. He explained that, upon analysis, many of the petitions were vague, for example, the posita (background) was not in line with the petitum (request), the arguments in the posita are not mentioned in the petitum and vice versa.

Syukri revealed that one of PKS’ mistakes in the previous PHPU was the lack of clear explanation on the KPU’s erroneous vote count. Another mistake that led to ambiguity was contradictory petitum and the lack of alternative solution. The petitum in their petitions did not request the annulment of the KPU’s decisions on the recapitulation results. In addition, PKS did not request the certification of the correct vote results that they believed were accurate. They also did not provide evidence or their petitum was not in accordance with the evidence.

Syukri also explained the format of the relevant party’s statement, which essentially is the same as the petition, but in reverse. He also reminded the participants that electoral crimes are under another institution’s jurisdiction, but the Court could examine such a case if it impacts the vote results, or the Court’s decision can be a reference to report the crime to the Integrated Law Enforcement (Gakkumdu) Center. However, he explained that the PHPU resolution process depends on the case or petition, so the constitutional justices might have different methods in adjudicating cases.

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Election Results Dispute Workshop for PKS Starts

PKS Members Learn about Constitutional Court

The 2024 PHPU workshop took 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—listened 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 also practiced 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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