Constitutional Justice Suhartoyo giving a public lecture on the Constitutional Court’s procedural law at the Convention Hall of UIN Sunan Kalijaga Yogyakarta, Friday (9/8/2023). Photo by MKRI.

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YOGYAKARTA, MKRI — Constitutional Justice Suhartoyo delivered a speech on “The Constitutional Court and General Elections: Challenges and General Election Results Disputes” at the public lecture and workshop on the Constitutional Court’s procedural law at the Convention Hall of UIN Sunan Kalijaga Yogyakarta on Friday, September 8, 2023. He began with the general overview of the Court’s authority, which is derived from Article 24C of the 1945 Constitution and Court’s decisions regarding the authority to decide disputes over regional elections.

Justice Suhartoyo conveyed said the object of a general election results dispute (PHPU) is the KPU’s certification of the national votes. Candidates of president/vice president, House of Representatives (DPR), Regional Legislative Council (DPRD), and Regional Representatives Council (DPD) members participating in the election can be petitioners of such a case. They, he argued, should be considered as claimants, while the KPU is the defendant. The petitioners challenge the certification of the election results.

As a constitutional jurisdiction, the Constitutional Court provides protection of the citizens’ constitutional rights in the context of PHPU and not only decides the cancellation of the KPU’s decision administratively. When the KPU’s certification of the election results becomes an object of a petition in the Court, any examination in other state institutions must be terminated or put aside.

Justice Suhartoyo also explained the petitioner’s legal standing in the judicial review of laws to provide a general overview of the Court’s procedural law on judicial review. In the Q&A session, a student asked about the mechanism of presidential election results disputes, whose deadline is only 14 workdays. Justice Suhartoyo said the Constitutional Court has a good case handling system is supported by technology, role sharing, as well as substitute registrars and expert assistants of constitutional justices. The principle of speedy trial is not only applied on general election results dispute hearings but also on judicial review hearings.

Author       : MCP
Editor        : Lulu Anjarsari P.
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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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