Irvan Nurahman, an assistant to constitutional justice, giving a presentation at a workshop on the 2024 election results dispute resolution for the Nusantara Awakening Party, Tuesday (5/23/2023) at the Pancasila and Constitution Education Center. Photo by MKRI/YB.
BOGOR (MKRI) — The workshop on the procedural law for the 2024 General Election Results Dispute (PHPU) for the Nusantara Awakening Party (PKN) continued to Tuesday, May 23, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor Regency, 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 first session, assistant to constitutional justice Irfan Nur Rachman gave a presentation 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.
“The idea to found a judicial body with such authority 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),” he revealed.
Irfan also explained that the amendment to the Constitution led to the founding of the Constitutional Court and changed the administration structure and system. “We used to adopt parliamentary supremacy where the MPR was the highest state institution. Post-amendment, it is equal to other high state institutions such as the Supreme Court, the Constitutional Court, and the Audit Board. There is no more a highest state institution,” he explained.
Due to the amendment, Indonesia saw the change to constitutional supremacy, where the highest position in the state administration is held by the Constitution. Because of the equal positions of state institutions, the checks and balances mechanism now applies, where the legislatures and the judicative power balance each other out.
The Constitutional Court, Irfan explained, was founded to guard constitutional supremacy. The Constitution must be maintained and kept as the supreme law of the land. Therefore, any laws and regulations that violate it must be declared unconstitutional.
Also read: Chief Justice Opens Workshop on Election Results Dispute for PKN
Filing PHPU Petition
In the third session, Deputy Registrar III Wiryanto talked about “Mechanisms, Stages, Activities, and schedules for the Dispute of General Election Results for Members of the DPR and DPRD in 2024”.
Wiryanto said the participants must really understand the stages of handling PHPU cases for DPR and DPRD Members in 2024, starting by observing the KPU’s announcements as they affect the registration of petitions in the Constitutional Court.
PHPU petitions are filed out by the DPP (central executive board) of political parties or other designations no later than 3x24 hours since the KPU’s announcement. The Constitutional Court will work for 24 hours to receive petitions.
Wiryanto explained that if a PHPU petition is withdrawn during the registration period, the Court will still hold a hearing to clarify the withdrawal. He revealed that in the 2019 PHPU, several petitioners withdrew their petitions, but upon being asked to clarify, the principal petitioners claimed they had not done so.
At the end of his presentation, Wiryanto explained that a strong petition should not only have sound arguments, but also be supported by strong pieces of evidence. He also said that the Court also allows petition filing and examination of witnesses to be done online, in order to facilitate litigants to access justice.
Importance of ICT
In the last session on this second day, IT officers Agung Wisnu Laksono and Indra Pandu Wibowo P. talked about “The Use of Information and Communication Technology in Case Management in the Constitutional Court.” They explained the technicality and practices of registering as petitioners and relevant parties online. The workshop’s participants also gained knowledge on how to view and track incoming cases through the Court’s application.
Furthermore, justice seekers who want to file a case online to the Constitutional Court can directly access the electronic petition information system (Simpel) then register to get a login account. Then, they access the application and fill in the fields provided, after which they will automatically receive an online petition filing receipt. Once the petition is registered, the petitioner will receive a notification from the Court’s Registrar’s Office via email and mobile phone text.
The IT team also explained that the use of information and communications technology (ICT) is the Court’s commitment as a modern and trusted judicial institution to providing access for all parties in filing a petition. The Court promotes ICT-based work system and mindset that is based on integrity, cleanliness, and trustworthiness.
The workshop will be taking place on Monday-Thursday, May 22-25, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor Regency, West Java Province with 128 attendees from PKN. The participants will listen to presentations on the Constitutional Court and the dynamics of PHPU; the procedural law for PHPU; 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 : 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.
Tuesday, May 23, 2023 | 17:01 WIB 122