Chief Justice Anwar Usman opening a workshop on the 2024 election results disputes for the National Mandate Party (PAN), Monday (6/12/2023) at the Pancasila and Constitution Education Center. Photo by MKRI/Agung.
BOGOR (MKRI) — The Constitutional Court (MK) held a workshop on the procedural law for the 2024 General Election Results Dispute (PHPU) for the National Mandate Party (PAN) on Monday, June 12, 2023 at Grha Konstitusi 3 of the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province. The event was opened by Chief Justice Anwar Usman, with PAN chairperson Zulkifli Hasan and acting head of Pusdik Elisabeth in attendance.
In his remarks, Chief Justice Anwar Usman said before 150 participants that the Constitution determines the authority of the Constitutional Court, whose decisions are final where there is no legal remedy afterwards. He said he is well aware that judges in all courts, including the Constitutional Court, will not be able to hand down decisions that satisfy everyone. Therefore, to exercise one of its authority, which includes resolving general election results disputes, the Court feels the need to workshops that are expected to provide an understanding of the Court’s procedural law that justice seekers need for their case.
“Therefore, ladies and gentlemen party administrators and members, you were brought here to be initiated in order to understand [your future cases] at the Constitutional Court. Experienced experts, including constitutional justices, will deliver materials,” he said.
Services to All
Meanwhile, in his speech, PAN chairman Zulkifli Hasan mentioned the importance of this workshop for his party’s members. The Constitutional Court, he said, is authorized to resolve disputes over general election results, which election participants will challenge. Given that the Court’s decisions are final and binding, Zulkifli hoped his party’s members would focus on following the workshop well. He also revealed that in the last election, PAN had lost votes, so it is necessary for party members to learn the rules and strategies in solving their cases. In addition, he also hoped that the 2024 simultaneous election would run safely and democratically.
“PAN’s philosophy, reflected by the symbol of the sun, is no discrimination. The Constitutional Court is also expected to provide justice and equality to existing political parties because all parties are equally noble, that they are not opponents but friends in arms to do good for [the homeland]. PAN will not do anything fraudulent and we hope that other parties will not either. And the Constitutional Court is also expected to serve all political parties fairly,” Zulkifli hoped.
Constitutional Court’s Authority
In her report, acting head of Pusdik Elisabeth said that as an actor of judicial power, the Constitutional Court has authority, among which is to resolve disputes over the results of general elections. It also functions as the guardian of the Constitution. Therefore, she sees that the Court not only adjudicates the results of the KPU but also ensure direct, public, free, confidential, honest, and fair elections.
“Seeing that elections determine policies by the country’s leaders, electoral disputes must be resolved before the Court in an open and fair manner. Through this workshop, we will also provide a mechanism for case settlement for all parties, which on this occasion are political party administrators and members who have the potential to become petitioners or relevant parties,” she said.
Petitioners and Relevant Parties
In the workshop’s first session, Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh delivered a presentation on the procedural law for the 2024 PHPU and shared knowledge and practices of resolving election cases. Justice Suhartoyo said the Court did not rule out the possibility of unresolvable internal party issues. He acknowledged it is not easy for any individual to file a petition to the Court because they must get approval from the party’s chairperson or secretary-general. In other words, a political party member cannot stand alone in any election case. It is different if the case is filed by the party’s chairperson and secretary-general on behalf of the party. These parties will easily file petitions.
Justice Suhartoyo explained that the litigants in election disputes are first, the petitioner, which is a political party or party members; second, respondent (General Elections Commission or KPU). The object of the petition is the KPU’s certification of the national valid votes. Meanwhile, Bawaslu (Elections Supervisory Body) is not a party that directly confronts the petitioner and respondent.
“Bawaslu is only a monitoring agency if the substance of the dispute is under its jurisdiciton. So, it acts only as an informant and provides statement to what it saw, experienced, and witnessed of the election,” he said.
Justice Suhartoyo continued, there are also the third party, relevant parties who are benefited by the KPU decision. In the event of an election dispute in the Constitutional Court, they can also provide information to support their rights. Thus, Justice Suhartoyo concluded, the workshop participants can be petitioners or relevant parties in election cases, depending on the KPU’s decisions.
Case Strategy
Next, Justice Suhartoyo shared his knowledge on the need for strategies in filing petition within the deadline set by the law for petitioners who live in distant regions and have limited technology. As long as it is not related to the KPU’s announcement of voting results, petitioners can prepare documents long before they file the petition. Aside from the 3x24-hour deadline since the KPU’s national announcement, there is also a 3x24-hour window to revise the petition, so the petitioners actually get 6x24 hours.
“This method will have a beneficial impact if the petitioner submits the petition on the third day or the last day of the 3x24 hours. They will get another 3x24 hours to revise the petition, so the time of filing the application is accumulated 3 x 24 hours together with the improvement period, so there will be 6 x 24 hours,” he explained.
Case Filing Mechanism
Next, Constitutional Justice Daniel Yusmic P. Foekh talked about the mechanism and process of PHPU hearings at the Constitutional Court. Petitioners, he said, must pay attention to several things, such as formal requirements, including whether the object of the petition is within the Court’s jurisdiction i.e. dispute over the results of vote acquisition by the KPU; whether the petitioners have legal standing; whether the petitioner files the petition within the deadline stipulated by law; whether the petitioner have clear arguments, evidence, background, and consistent requests.
This workshop, taking place in the hall and classrooms of Grha Konstitusi 3 of Pusdik, was the eleventh workshop for 18 national political parties and 6 Aceh local parties that the Court hold in preparation for the 2024 PHPU resolution. Similar workshops will also be held for advocates, the KPU, Bawaslu, and other parties with interest in PHPU cases. It will take place for 4 days, Monday-Thursday, June 12-15. One hundred and fifty PAN administrators and members are in attendance. Speakers will help participants draft the petition and the relevant party’s statement.
Author : Sri Pujianti
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 versions, the Indonesian version will prevail.
Monday, June 12, 2023 | 16:19 WIB 64