PKN Members Practice Drafting Election Results Dispute Petitions
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Substitute registrar Saiful Anwar speaking at a workshop on the 2024 election results dispute resolution for the Nusantara Awakening Party, Wednesday (5/24/2023) 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 Wednesday, May 24, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor Regency, West Java Province. On this third day, the participants listened to presentations on drafting a PHPU petition and relevant party’s statement for 2024 PHPU.

Substitute registrar Saiful Anwar explained that the object of PHPU cases of DPR (House of Representatives) and DPRD (Regional Legislative Council) is the respondent’s (KPU/General Elections Commission) decisions on national election results that affect the petitioners’ seat acquisition and/or the election of DPR (House of Representatives) and/or DPRD (Regional Legislative Council) members in certain electoral districts. The parties in the PHPU, he explained, are the petitioners, the respondent, and relevant parties.

“The Petitioners might be national and local political parties participating in the election and individual candidates for DPR and DPRD election from the same national/local party who have obtained written approval from the party chairman and secretary-general,” he said.

Meanwhile, the respondent is the election organizer. The relevant parties are those with an interest in the petition, such as other national or local political parties participating in the election and individual DPR/DPRD candidates who have obtained written approval from their party’s chairman and secretary-general or other designations.

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Saiful also stated that the Constitutional Court (MK) would be ready to receive petitions within the deadline mandated by the law, i.e. 3x24 hours. The petition must be submitted no later than 3x24 hours after the KPU announces the election results.

“The Court will work 24 hours to accept petitions. If the petition is complete, it will be registered by the Registrar’s Office,” he said.

In addition, the Court has limited time to decide on PHPU cases, i.e. 14 workdays to resolve presidential election results disputes and 30 days to resolve legislative election results (DPR, DPRD, and DPD) disputes. Saiful also reminded the participants that the Court’s authority in the PHPU is only related to disputes over vote results. Nevertheless, other violations can also be resolved in the Court, not only those related to vote results.

At the end of his presentation, Saiful urged the participants to carefully consider the stages of filing a petition, both as a petitioner or a relevant party. He also reminded them that deadline is essential because if the petition is filed exceeding the deadline, even if it is accepted by the Court, the case will be ruled inadmissible.

After Saiful’s presentation, the participants continued to practice drafting a petition. They were divided into several classrooms to learn to draft a petition following the format explained in the previous session. They were guided by the substitute registrars and expert assistants to constitutional justices: Fransisca, Wilma Silalahi, Rima Yuwana Yustikaningrum, and Intan Permata Putri.

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.


Wednesday, May 24, 2023 | 13:21 WIB 87