Court’s Role in Guarding Democracy and State Sovereignty
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Chief Justice Anwar Usman giving a keynote speech at the 3rd UNS International Conference of Democracy and National Resilience (ICDNR) 2023, Saturday (9/23/2023). Photo by MKRI/Hamdi.


SOLO (MKRI) — Chief Justice Anwar Usman have a keynote speech at the 3rd UNS International Conference of Democracy National Resilience (ICDNR) 2023 on “Election Integrity: A Framework for Guaranteeing Democracy Rights and Fairness in Modern Era” organized by the Center for Democracy and National Resilience Studies (PUSDEMTANAS) of Sebelas Maret University (UNS) on Saturday, September 23, 2023. In his speech, he revealed the Constitutional Court’s role as a judicial authority in resolving election cases.

During the international conference, which academics from Afghanistan, Pakistan, Nigeria, Bangladesh, Sudan, Thailand, Somalia, Timor Leste, and Tanzania attended, he revealed the Court's efforts in overseeing the election in 2019. He said that election is the people’s constitutional mechanism for the succession of national leaders. It is an absolute requirement for a democracy because without elections there will be no democracy, and without democracy there will be no state sovereignty.

“That is why the process in the election is called a democratic festival for the Indonesian people, because within the process, the people are placed in a noble place in order to choose their leaders, both the executive and representatives in the legislature,” Chief Justice Anwar explained.

He acknowledged that conducting elections correctly is not an easy process, not only in Indonesia but also in many countries around the world, as it is full of challenges. A poorly managed election can lead to disputes and even national disintegration. As mandated by the 1945 Constitution, the Constitutional Court does its best to fulfill its duties in guarding the constitutional democratic process. This can be seen in the settlement of a total of 261 cases in the 2019 election.

“The Constitutional Court has really tried to fulfill the constitutional mandate by examining and deciding general election results dispute (PHPU) cases properly. However, the outcome could not satisfy everyone,” he added.

Guarding Democracy Together

Reflecting on the last election, Chief Justice Anwar urged all stakeholders to use the rapidly-developing information technology wisely. Information on social media, which serves as platforms for public political education, has an impact on many aspects. It is undeniable that massive flow of information from election candidates and party sympathizers and supporters in the presidential and legislative election had made political news the spotlight during political years.

However, he expressed his regret that massive media coverage has often not reflected the Indonesian politeness culture. He argued that news reporting was often incomplete and only adapted to the needs of media companies. He noted that hostility has been commonplace in the political arena and almost no one is unaffected by massive social media negatively, including the Constitutional Court and constitutional justices.

“Therefore, we must understand that the successful resolution of election disputes in the Constitutional Court does not depend on the Court along, but on various parties who have interests, such as the candidates, political parties, election organizers, and law enforcement officials, until finally it leads to the Constitutional Court. We must believe that democracy is a reflection of the citizens’ success. For this reason, the Constitutional Court hopes that all citizens can work hand in hand to oversee the 2024 Election, which will be held in the near future, so that democracy remains on its path,” he said.

Essence of Democracy

Next, in his speech, UNS vice rector Kuncoro Diharjo said that elections are a measurement to assess the success of democracy in a country. The better the organization of elecions, the better is democracy in that country. He believes building democracy is not as easy as turning the palm of a hand. It must be done slowly and patiently. Lack of patience can result in the stagnation of democracy, as can be observed in several countries.

Democracy cannot be separated from the implementation of general elections, which have many stages and involve a long process. In the early stages, for example, all norm-forming tools must be designed and prepared to regulate the mechanism of the general election. The next stage is implementation and organization and will lead to the inauguration of new elected officials.

“All stages are expected to run safely and peacefully, which will later become a measure in the assessment of the implementation of democratic elections. However, elections are not only expected to run well, but must signify the essence of democracy. One of the principles that must be reflected is freedom and honesty. The 1945 Constitution states that election organizers, political parties, and the wider community must collaboratively actualize free and honest democratic elections. It is also supported by credible judiciary as the last resort for the establishment of democracy,” Kuncoro explained.

The conference brought together experts, scholars, policymakers, and practitioners from several countries to engage in meaningful discussions, share their insights, and propose innovative solutions to improve electoral integrity. The conference was also a platform for collaboration, knowledge exchange, and exploration of best practices in different political contexts. KPU (General Elections Commission) chairman Hasyim Asy'ari, Bawaslu (Elections Supervisory Body) chairman Rahmat Bagja, Glaser Henning Rainer from Thailand’s Thammasat University Law Faculty, and UNS officials including UNS vice rectors Kuncoro Diharjo and Andri Putranto were in attendance.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
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.


Saturday, September 23, 2023 | 15:24 WIB 256