Constitutional Justice Enny Nurbaningsih giving a public lecture at the Law Faculty of Ahmad Dahlan University, Friday (5/26/2023). Photo by MKRI.

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YOGYAKARTA (MKRI) — Constitutional Justice Enny Nurbaningsih gave a public lecture on site at the Law Faculty of Ahmad Dahlan University Yogyakarta on Friday, May 26, 2023. She explained the procedural law for the 2024 General Election Results Dispute (PHPU) on DPR (House of Representatives) and DPRD (Regional Legislative Council) members.

In her lecture, she said the object of PHPU cases on DPR and DPRD members would be the KPU’s (General Elections Commission, respondent) decision on the stipulation of the vote results of DPR and DPRD members nationally that affects the petitioner’s seats and/or the election of DPR and DPRD member candidates in an electoral district. She added that the case would involve the petitioner(s), the respondent, and relevant parties.

“The petitioners could be national and local political parties participating in the election and individual candidates of DPR and DPRD in the same national/local political party that has obtained a written approval from the party chairman and secretary-general [to file a petition to the Constitutional Court],” Justice Enny stressed.

Meanwhile, the respondent is election organizers. The relevant parties are parties who have an interest in the petition, such as national/local party participating in the election and individual candidates of DPR and DPRD in the same national/local political party that has obtained a written approval from the party chairman and secretary-general to become a relevant party in the case. Justice Enny added that the Court was prepared to receive petitions following the deadline stipulated by the Law. PHPU petitions shall be filed within 3x24 hours since the results are announced by the KPU (General Elections Commission). “The Court will work for 24 hours to receive petitions. If the petitions are complete, they will be registered by the Registrar’s Office,” she emphasized.

She added that the Court shall rule on presidential PHPU cases within 14 workdays and legislative (DPR, DPRD, DPD) PHPU cases within 30 days. She also said that the Court’s authority on PHPU only relates to disputes over the votes. However, it may settle cases on other violations.

If a PHPU petition is withdrawn within the petition registration period, the Court will hold a hearing to clarify the withdrawal. She revealed that in the 2019 PHPU, several petitioners withdrew their petition, but upon being asked to clarify, the principal petitioners claimed they had not done so.

At the end of her lecture, Justice Enny explained that the petitioners and relevant parties must observe all stages of the petition filing thoroughly. She also said that the deadline to file petition is important, since any petition filed past that deadline will be accepted by the Court but will be ruled to be dismissed.

Author       : Utami Argawati
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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