Chief Justice Anwar Usman opening a workshop on the 2024 election results dispute resolution for the Nusantara Awakening Party, Monday (5/22/2023) at the Pancasila and Constitution Education Center. Photo by MKRI.

BOGOR (MKRI) — Chief Justice Anwar Usman officially opened a workshop on the procedural law for the 2024 General Election Results Dispute (PHPU) for the Nusantara Awakening Party (PKN) on Monday, May 22, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor Regency, West Java Province.

In his remarks, he said that the state life is full of dynamic democratic processes. It is a long journey toward developing a mature democracy that needs the full commitment of all elements of the nation. Democracy that promotes freedom, equality, and civilization is considered the best way toward the goal of the Constitution: welfare and social justice. The struggle for realizing the fourth precept of Pancasila-- democratic rule that is guided by the strength of wisdom resulting from deliberation/representation—is a noble duty for guardians of democracy in Indonesia.

Chief Justice Anwar further explained that the choice to be a democracy was not an easy one. The history of Indonesia and other nations show the fragility of a democracy that is founded without determination and shared commitment.

Indonesian Democracy

Chief Justice Anwar said that our democracy should not be a political phenomenon that is taken for granted. It is the results of real and continuous political struggles by the founding fathers, the nation’s heroes, and all citizens.

“Since the beginning of the independence, Indonesian democracy has been very dynamic and each administration had distinct characteristics. This also applies today, when democracy is a hot topic. No wonder some say that the development of democracy has its antithesis, challenges, and threats, thus maintaining it requiring commitment and efforts,” he said.

Justice Anwar also explained about the election, which he believes to be an absolute requirement for a self-proclaiming democracy. Without it, there is no democracy, and without democracy, there is no popular sovereignty in the state process. That is why the election process is said to be a festival of democracy, because in it, the people occupies a noble place to determine the fate of the nation’s journey.

He added that the Constitution mandates that elections be direct, public, free, confidential, honest, and fair. If these principles are used as a guide and implemented properly, the election process will be well-organized, and the results can lead to the succession of good leadership.

However, in reality, the process of democracy and election is not easy nor does it run smoothly without any obstacles. Elections and democracy in various parts of the world have also experienced challenges. When not managed properly, democracy can lead to division, chaotic situations, and disintegration. This is not a myth, as it has happened in various countries.

“This workshop on the procedural law for resolving disputes over election results in 2024 aims to ensure the success of all stages of the election, which is a national event, for public interest. As we know, disputes over election results are the final stage of the election, which will be held simultaneously on February 14,” he explained.

This workshop, he added, is very important, considering election dispute resolution in the Constitutional Court is restricted by deadline as set in the laws. Therefore, PHPU hearings are often referred to as speedy trials. As such, prospective PHPU litigants need to understand the relevant technical matters.

“We hope the participants and all of us can oversee the upcoming democratic process of the 2024 simultaneous election for the implementation of democratic election in accordance with the principles emphasized in the Constitution and applicable laws and regulations,” Justice Anwar remarked. 

Procedural Law for PHPU

Constitutional Justices Manahan M. P. Sitompul and Enny Nurbaningsih also talked about the procedural law for the 2024 PHPU. Justice Mahanan explained the election as enshrined in Article 22E of the 1945 Constitution, which emphasizes that it be direct, public, free, confidential, honest, and fair. Members of the House of Representatives (DPR), the Regional Representatives Council (DPD), the Regional Legislative Council (DPRD), and the president and vice president will be elected through the upcoming election.

He also urged the participants to understand Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court. Article 10 paragraph (1) letter d of the Law explains the Constitutional Court’s authority to resolve election results disputes. He also asked them to observe the Election Law, the Judicial Law, and other relevant Laws.

Meanwhile, Justice Enny explained that PHPU is different from the judicial review of laws. “Judicial review of laws has no deadline, except for the formal review, which the Constitutional Court agreed to accelerate in order to provide legal certainty over the Laws petitioned. However, there is no deadline to the material review, as it depends on the litigants. If they present many witnesses and experts, all of them must be presented. This is different from PHPU,” she stressed.

In PHPU cases, the litigants battle through evidence submitted to the Court and presented at the hearings. Justice Enny asked the participants to review their PHPU petition before submitting it to the Court. “The most important is the limited time. Candidates must document everything well since their registration as legislative members until the [KPU (General Elections Commission)] announces the results. Do not do anything at the last minute,” Justice Enny explained.

Relevant Parties

In his remarks, PKN chairman Gede Pasek Suardika said his party’s legislative candidates must understand all materials given at the workshop. He hoped that the party would not file any PHPU petition. “We hope we will not be petitioners in PHPU cases. Hopefully we will only be relevant parties, meaning that we have secured seats. Hopefully [our seats] will not be questioned by anyone,” he said.

He revealed that many party members would like to join the workshop, but they were restricted by quota. He hoped the legislative members participating in the upcoming election would not underestimate PHPU.

“Please follow [this workshop] well, because in the regions [you] will be the one that your region’s legislative candidates will ask. [You] represent them. Do not take this [workshop], which we follow for free, for granted,” Pasek stressed.

Author       : Utami Argawati
Editor        : Nur R.
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.