Anticipating Election Disputes over Change of Districts
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Chief Registrar Muhidin speaking at and opening meeting for drafting new chief justice regulations on the presidential and legislative election of 2024, Thursday (6/8/2023). Photo by MKRI/Ilham W.M.


BOGOR (MKRI) — The Constitutional Court’s (MK) chief registrar Muhidin delivered a speech and opened a meeting for the drafting of new chief justice regulations (PKMKs) for the resolution of disputes over the results of presidential and legislative election (PHPU) of 2024 on Thursday, June 8, 2023 in Bogor, West Java Province.

He said the meeting was part of the resolution of the presidential and legislative election (PHPU) of 2024. He hoped the meeting would result in final PKMKs, given the Court’s busy schedule ahead of the PHPU.

He emphasized that the meeting would affect the Court’s internal workflow of PHPU resolution. He also warned the staff members against outside influence on the issue. “Let us practice istiqâmah (steadfastness) and be consistent in performing our daily work,” he said.

He added that the Court has standard procedures and procedural laws, so he expected the participants to be able to understand the workflow well. The results of the meeting—PKMKs—are regulations that must be disseminated to all of the PHPU taskforce by the meeting’s participants.

Support for PHPU Resolution

In the second session, deputy registrar I Triyono Edy Budhiarto explained the support for the 2024 PHPU resolution, whose structure closely relates to the PKMKs, both in terms of judicial and general administration.

He also explained that for the 2024 PHPU, there will be 20 types of case administration documents and 28 case completion documents. He added that there must be strict regulations on discovery requests so that there wouldn’t be any documentation of evidence from the opposing party.

He revealed that there had been comments on the application for relevant parties and online consultation. He emphasized that the Court used to notify all litigants on petitions filed. Some election contestants even expressed their displease of the Court’s notifications on cases they could be connected to. Therefore, the Court will promote independent monitoring on cases lodged to the Court.

However, he agreed that there must be definitive officers tasked with case consultation. The alternative would be operators responsible to the units in the event of request for consultation or inquiries.

The meeting served to draft more detailed PKMKs that would help everyone in the taskforce. PKMKs are derived from Constitutional Court regulations (PMKs), which regulate technical matters internally.

Change of Candidate and Electoral District

In the third session, the head of the KPU’s (General Elections Commission) Legal Advocacy and Dispute Resolution Bureau Andi Krisna delivered a presentation on the 2024 presidential and legislative election. He explained that the candidacy process for the 2024 legislative election differs from that of previous elections. In 2024, upon registration, political parties may change their candidates as long as their DPP (central executive board) approves. This also applies to the electoral districts (dapil).

He explained that this is based on a norm in the Constitution that political parties are the election contestants, thus they have complete power over the candidates they endorse. Andi emphasized that the Court must pay attention to this, as there could be cases on such changes.

Andi also explained that the electoral roll for 2024 is based on domicile. This roll is often debated. The KPU is currently focusing on updating this roll so, he said, the Court must observe the special voters list (DPK) and temporary voters list (DPS), which the petitioners might challenge.

At the end of the first day of the meeting, the participants were divided into two commissions: the PKMKs drafters and the commission for supporting documents. 

Also read:

Chief Justice Talks Potential Election Violations

Meeting to Draft Chief Justice Regulations Concludes

Chief Justice: PKMKs to Optimize 2024 Election Results Dispute Resolution

PKMK Meeting Discusses 2024 Election Results Dispute Resolution

Author       : Ilham Wiryadi Muhammad
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 versions, the Indonesian version will prevail.


Thursday, June 08, 2023 | 22:55 WIB 75