Chief Justice Anwar Usman and deputy chairman of Peradi national executive board R. Dwiyanto Prihartono opening a workshop on the procedural law for the 2024 election results for Peradi Batch I, Monday (10/10/2023). Photo by MKRI/Bayu.

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BOGOR (MKRI) — The Constitutional Court (MK) held a workshop on the procedural law  for the 2024 general election results disputes (PHPU) on Monday-Thursday, October 9-12, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province. Previous PHPU workshops had been for political parties participating in the election and election organizers, but this time it was the first batch for by advocate organizations affiliated with the Association of Indonesian Advocates (Peradi).

Chief Justice Anwar Usman opened the workshop on Monday evening, October 9. In his opening remarks, he said that general election (pemilu) is the main pillar of the democratic system in Indonesia. This means that there is no democracy without sustainable elections. Hence, the sustainability of honest and fair elections with integrity is a common concern.

“The task and authority of the General Elections Commission (KPU), the Elections Supervisory Body (Bawaslu), the Election Organizer Ethics Council (DKPP), the Constitutional Court, and others law enforcement institutions are indeed very crucial, given the complexity of the 2024 Election process,” he said.

He added that the duty of advocates is also crucial, especially in helping to fulfill the citizens’ constitutional rights in achieving justice. The advocate as an honorable profession is expected to always uphold honesty and integrity in carrying out their duties. “In this spirit of realizing the ideals of democratic life, the role of advocate organizations is vital. They provide valuable guidance for administrators and members of the Association of Indonesian Advocates (Peradi) in carrying out their task and authority in protecting legal rights and upholding justice for all citizens,” added Anwar.

In addition, by upholding ethics and the law, high level of compliance and the implementation election guidelines is expected from the upcoming election. As such, it will be colorful, effective, and able to provide joy for all Indonesians.

Chief Justice Anwar hoped that this workshop would build synergy between state administrators and democratic institutions in order to fulfill the mandate of the 1945 Constitution to establish a democratic state based on the rule of law.

“I hope that with this workshop, all the participants and all of us can jointly oversee the democratic process in the upcoming 2024 general election for the implementation of democratic election in accordance with the principle in the Constitution and applicable law and regulations,” he said.

Meanwhile, Peradi national executive board deputy chairman R. Dwiyanto Prihartono said that this workshop was a very valuable opportunity. “Don’t hesitate to gain knowledge, because the speakers here are competent and experienced. Find information well and hopefully you can get great benefits from this workshop,” he said.

Presidential and Legislative PHPU

In the first session in the evening, Deputy Chief Justice Saldi Isra and Constitutional Justice Manahan M.P. Sitompul delivered their presentations. In his presentation, Justice Saldi explained two major parts of the election: the presidential election (pilpres) and the legislative election of House of Representatives (DPR), Regional Legislative Council (DPRD), and Regional Representatives Council (DPD). He further emphasized the procedural law for the 2024 PHPU. He asserted that the object of the petition in the PHPU case is the vote results certified by the KPU. 

He also added that the petition must be submitted no later than 3 x 24 hours after the announcement of the vote results of the election of DPR, DPRD, and DPRD members nationally by the KPU. “The duration of 3 x 24 hours is the time period given by the Constitutional Court. At least we have to prepare and organize all possibilities close to the voting,” he explained.

He further explained that the Constitutional Court’s decisions are final and binding and serve to provide justice, protect the democratic election process, and achieve the expected election results. It needs the cooperation and synergy of all elements of society to ensure the success of the election to maintain the sovereignty of the people.

At the end of his presentation, Justice Saldi emphasized that the workshop is a 2024 national priority and strategic program. “At the Constitutional Court, we’ve made preparations and beside the workshop, we’ve improved the dispute mechanism and have remedy our weaknesses,” he said.

In addition, Justice Manahan explained, according to Article 22E of the 1945 Constitutional, elections should be held directly, publicly, freely, confidentially, honestly, and fairly. Elections are held to elect members of the DPR, DPD, and DPRD.

He also said that in the upcoming PHPU settlement, the main object of the case 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, other political parties could testify as relevant parties. These are usually the parties that the KPU determines as winners of the election.

“They can provide information or answer why they won, and the object is always the national vote results certified by the KPU,” Justice Manahan explained.

Author       : Bayu Wicaksono
Editor        : Nur R.
Translator  : Najwa Afifah Lukman/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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