Chief Justice Anwar Usman officially opening a workshop on the 2024 election results disputes for KPU Batch II, Monday (9/4112023). Photo by MKRI/Bayu.

BOGOR (MKRI) — Chief Justice Court Anwar Usman opened a workshop on the procedural law for the 2024 General Election Results Disputes (PHPU) for the General Election Commission (KPU) Batch II on Monday (9/11/2023) at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province.

In his speech, he said the development of democracy and elections is a process that must be interpreted positively, despite also creating complex problems not only in implementing the election but also settling of election disputes after the vote recapitulation process.

He appealed to all KPU members to maintain the democratic process to achieve expected election results. Therefore, cooperation and synergy of all elements of society are needed to ensure the success of the election in order to maintain the people’s sovereignty.

“The KPU is a pillar of democracy and a key figure for the implementation of a successful and democratic 2024 Election. For this reason, this workshop is held by the Constitutional Court with the hope that synergy will be built between state administrators and democratic institutions in order to build a democratic state based on law,” he said.

Chief Justice Anwar also explained that the Constitution has mandated that elections be direct, public, free, confidential, honest, and fair. If these guiding principles are implemented properly, the election process will be organized well and the results can result in good succession of leadership.

At the end of his speech, he stated that the workshop aims to ensure the success of all stages of the election, which is a national event. Election result dispute is the final stage of the simultaneous election, which will take place on February 14, 2024.

Election with Integrity

Meanwhile, KPU Chairman Hasyim Asy’ari explained that the KPU has been given a huge task and authority in organizing elections, so to control the KPU’s performance, a number of institutions, instruments, and procedures have been prepared to avoid potential power abuse and to implement elections with integrity—both in terms of process and results.

“To control the KPU’s performance to stay within its duties and authority and to avoid potential power abuse, it is necessary for Bawaslu (Elections Supervisory Body), DKPP (Election Organizer Ethics Council), PTUN (State Administrative Court), the Supreme Court, and the Constitutional Court to work together,” he said.

Hasyim emphasized that the KPU had prepared to handle election disputes professionally. “We always prepare ourselves mentally in a position to face various disputes or hearings, among which is most important is that the KPU prepares itself to work professionally based on existing laws,” he added.

In addition, Hasyim also reminded all of his staff to prepare everything and be ready to account for everything in the election process or at the end of the election.

Object of PHPU Petition

Meanwhile, Deputy Chief Justice Saldi Isra and Constitutional Justice Manahan M.P. Sitompul were the speakers in the first session. Justice Manahan explained that Article 22E of the 1945 Constitution emphasizes that elections should be held directly, publicly, freely, confidentially, honestly, and fairly. Elections are held to elect members of the House of Representatives (DPR), the Regional Representatives Council (DPD), the Regional Legislative Council (DPRD), and the president and vice president.

Justice Manahan further explained the two major parts of the election: the presidential election (pilpres) and the legislative election (DPR, DPRD, and DPD). He also explained that the object of a PHPU petition is the votes certified by the KPU. “Because the KPU is the target of PHPU. Due to political developments, there are now also individual candidates who run against fellow members of [the same] political party,” he explained.

He said that in the upcoming PHPU settlement, the main object of the case filed is the election results certified by the KPU (respondent). Meanwhile, the petitioner could be a political party, individuals of the political party concerned, local political parties, and individual members of local political parties. In addition, there are also other parties such as relevant parties, which are usually the parties that the KPU determines as winners of the election.

“They are ones who provide information or answers why they won, and the object is always the national vote results certified by the KPU,” he explained.

Administrative and Results Disputes

Meanwhile, Deputy Chief Justice Saldi Isra revealed that there are two disputes in elections: disputes of the stages or administrative disputes and disputes over election results, which is handled by the Constitutional Court. He said administrative disputes can be sanctioned criminally. Meanwhile, disputes over election results affect the determination of candidates of DPR and DPRD members. Moreover, he continued, such disputes will involve Bawaslu and other institutions that can impose criminal sanctions.

Next, he explained that the process of resolving disputes over legislative election results is a fair process because all parties are given the same opportunity to submit evidence. The parties must be prepared with their evidence.

Also read:

Court Holds First Workshop on 2024 Election Disputes for KPU

2024 Election Workshop for KPU Batch I Officially Closed

Author       : Bayu Wicaksono
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.