Chief Justice Anwar Usman opening a workshop on the procedural law for the 2024 election results disputes for the Democrat Party, Monday (7/10/2023) at the Pancasila and Constitution Education Center. Photo by MKRI/Panji.

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BOGOR (MKRI) — The Constitutional Court (MK) held a workshop on the procedural law for the 2024 election results disputes (PHPU) at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province on Monday, July 10, 2023. This workshop was for national party number fourteen, Democrat Party.

Chief Justice Anwar Usman officially opened the workshop at Graha 3 Hall of Pusdik. Democrat Party chairman Agus Harimurti Yudhoyono also attend the workshop along with other central executive board members of the party.

In his opening speech, Chief Justice Anwar greeted and delivered a message to Democrat Party members who participated in the workshop and were registered as legislative candidates (caleg) at the central, provincial, and regency/city levels. “You look like you will become trustworthy people’s representative candidates,” he said.

He believes the Court has the same vision and mission as Democrat, which is to protect the Constitution. “The Constitutional Court’s task is to protect the Constitution, among other things is to oversee the implementation of elections as the last resort to seek justice. Justice is actually in our conscience. In Islam, Allah teaches all of us, especially decision-makers, to decide fairly,” he said.

In front of 150 participants, he further said that the Constitution has mandated that elections be direct, public, free, confidential, honest, and fair. With these as a guide, the election process will be well-organized, and the results can produce to good leadership.

Chief Justice Anwar explained that the workshop on the procedural law for PHPU cases in 2024 aims to ensure the success all stages of the election, which is a national event, for public interest. As we all know, disputes over election results are the final stage of the election process, which will be held simultaneously on February 14, 2024.

“For this reason, the Court hold workshops in collaboration with political parties. Hopefully synergy will be built between state administrators and democratic institutions, in order to realize the mandate of the 1945 Constitution in the context of building a democratic state based on law. We hope that the participants and all of us can jointly oversee the democratic process in the upcoming 2024 simultaneous general election, for the implementation of a democratic election, in accordance with the principles, which are emphasized in the Constitution, as well as applicable laws and regulations,” he concluded.

Nationalist-Religious

Agus Harimurti Yudhoyono, also known as AHY, said that Democrat, established in 2001, is a child of the Reform era. It has a nationalist-religious ideology that serves to keep the Republic of Indonesia intact and solid forever. “Therefore, let me thank all constitutional justices who have been working hard to uphold democracy in this country,” he said.

He mentioned the open- and closed-list proportional election system. He revealed that he had been upset to think that the closed-list system could be applied. “And with the decision of the open-list proportional system, apart from the public still have the right to choose their representatives, this right is the right of all legislative candidates. Thus, justice is upheld. Once again, thank you for deciding this,” he continued.

AHY explained the need to prevent electoral violations such as the distribution of remaining invitation letters to ineligible citizens, transferring votes of one candidate to another, and buying and selling votes for parties that do not qualify. He hopes that this can be prevented and avoided by understanding the steps that can be taken constitutionally.

“This is the importance of workshops organized by the Constitutional Court. Thus, I hope and advise all participants to follow this workshop properly and seriously and share it to other members,” concluded AHY, the eldest son of the 6th president of Indonesia, Susilo Bambang Yudhoyono.

Successful Election

Previously, head of Pusdik, Elisabeth, conveyed the authority and obligation of the Constitutional Court. She also revealed that this workshop was based on the idea that the Court’s success in resolving PHPU cases smoothly and fairly can support the success of the five-yearly election as a whole.

“This workshop is the 14th for political parties out of the entire series of the workshop that we will organize for 18 national political parties and 6 local political parties in Aceh as participants in the 2024 General Election,” she concluded.

Procedural Law for PHPU

In the first session of the workshop, Constitutional Justice Wahiduddin Adams delivered a presentation on the procedural law for the results over disputes on the 2024 election of members of the House of Representatives (DPR) and Regional Legislative Council (DPRD). Starting the presentation, he explained the legal basis and the object of dispute in the legislative election. The object of dispute is the certified national vote acquisition of the results the legislative election, which affects the petitioner’s seat and/or the election of DPR/DPRD members in an electoral district.

“In addition, the litigants in the Constitutional Court are individuals from political parties participating in the elections, individual candidates for DPR and DPRD members, election participants from local political parties, and individual candidates of Aceh Legislative Council (DPRA) and Aceh Regency Legislative Council (DPRK). In this case, local parties only exist in Aceh, and there are 6 local parties,” Justice Wahiduddin added.

He also explained the submission of PHPU petition to the Constitutional Court, which should be no later than 3x24 hours after the KPU announces the national votes.

Next, Constitutional Justice Enny Nurbaningsih reminded the participants to document the determination of legislative candidates. She also revealed the handling of PHPU cases in the Constitutional Court. If at the hearing the petitioner or candidate cannot show their legal standing, it can harm them. “Therefore, participants must document and organize neatly from the beginning of the process, to facilitate the proving process of the concrete cases in the Constitutional Court later on,” she advised.

Justice Enny also said that in making a petition, the petitioners often do not understand and there is no clarity about the subject matter in the petition. They should request the cancellation of the results determined by the KPU (respondent) with strong arguments accompanied by valid evidence.

“Prioritize this and narrate it well, at least convince the Court,” she asserted.

Next, aside from having a legal counsel, the petitioner must also prepare all the best witnesses during the election and vote counting process. “Do not let the witnesses presented at the hearings unable to answer questions from the parties involved. Therefore, the petitioner must really prepare witnesses, legal standing, and strong evidence,” she said.

Author       : Bambang Panji Erawan
Editor        : Nur R.
Translator  : Tahlitha Laela/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.

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