Constitutional Justices Suhartoyo (center) and Daniel Yusmic P. Foekh (left) speaking at the second workshop on the procedural law for the 2024 election results disputes for advocates, Tuesday (10/17/2023). Photo by MKRI/Ilham W. M.

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BOGOR (MKRI) — The second workshop on the procedural law for the 2024 2024 general election results disputes (PHPU) for advocates concluded on Thursday, October 19, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province.

In his closing speech, head of the Program and Implementation Department Nanang Subekti stated that advocates are the closest friends of the Court because the arguments presented in the petitions can assist the Court in upholding constitutional justice. He hoped that advocates can give feedback to the Court in developing the workshop’s curriculum.

Speaking on behalf of the participants, Viktor Santoso Tandiasa stated that this workshop was very important because the procedural law for PHPU differs significantly from that for judicial review. Furthermore, although coming from different advocacy organizations, the participants had a really tight family feel and were impressed by Pusdik. He also hoped that similar workshops on judicial review be offered to advocates, as many advocates have yet to understand the method of drafting a judicial review petition.

Procedural Law

Constitutional Justices Suhartoyo and Daniel Yusmin P. Foekh as speakers in the fourth session on Monday explained the procedural law for PHPU of the election of president-vice president, Regional Representatives Council (DPD), House of Representatives (DPR), Regional Legislative Council (DPRD), as well as Aceh’s DPR and regency/city DPRD.

In his presentation, Justice Suhartoyo discussed the importance of advocates understanding who can submit a PHPU petition to the Court. In addition, there are differences in the parties in a PHPU case, which is contentious, that those in a judicial review. He also explained that while in the general court there are plaintiffs and defendants, in a PHPU dispute there are petitioner, respondent, and relevant parties.

He also said that advocates must be ready to represent the petitioners, respondent, or relevant parties. He added that the submission of evidence in PHPU cases is the same as in civil cases in general courts, but advocates must know the procedural law.

The submission of a petition is time-restricted since PHPU cases are speedy trial. In a PHPU case for legislative election, the deadline is 3x24 hours after the results are announced. This is very important because many petitions have been declared inadmissible because they were filed after the deadline.

“In an online submission, the original file should be submitted no later than 3x24 hours until the deadline for filling the revision,” he said. It also applies to the PHPU for DPD.

He emphasized that legislative PHPU petitioners are political parties because the Constitution emphasizes that election participants are political parties. However, the Court provides an opportunity for individual legislative candidates to submit a petition to provide an easy access to justice as long as they get approval from the chairman and secretary-general of their political party.

On that note, Justice Daniel Yusmic P. Foekh also said in his presentation that the open-list proportional system opens up opportunities for individual legislative candidates to file petitions as long as they get approval from the general chairman and secretary-general of their political parties. He reminded the advocates that when representing litigants in the Court’s proceedings in PHPU cases, they must prepare complete evidence to strengthen the petitioner’s arguments, because the Court does not accept evidence outside or after the hearing.

He further explained that the object of the PHPU dispute of the presidential election is the vote results certified by the KPU that affects the vote results of president-vice president candidate pair to advance in the second round and affect the vote results.

Constitutional Court’s Dynamic

Head of the Legal Affairs and Registrars Administration Bureau Fajar Laksono explained in his presentation that the Court was granted its authority because in the past no court had the authority to examine laws against the 1945 Constitution, decide upon authority disputes between state institutions, decide upon the dissolution of political parties, and to pass a decision on the opinion of the House of Representatives that the president and/or vice president was guilty of violations of the 1945 Constitution.

Fajar further argued that erga omnes should apply not only generally, but also on similar norms in various laws. He also mentioned Constitutional Court decisions that affect election provisions, such as that on political campaign in places of worship, educational facilities, and public facilities.

In response to a participant’s question, Fajar stressed that the Court’s decisions are final and binding. He acknowledged that legal considerations have the same binding force as the decision, whether the petition is rejected or granted, because the considerations are the Court’s interpretation of a norm. However, the implementation of the Court’s decisions depends on all parties.

Also read: Election Dispute Workshop for Advocates Batch II Officially Opened

The Association of Indonesian Advocates (Peradi), Constitutional Lawyers Forum (FPK), and the Indonesian Advocates Federation (Ferari) attended the workshop for 4 days from Monday to Thursday, October 16-19, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province. A number of speakers including constitutional justices, substitute registrars, and others delivered presentations on the procedural law for the 2024 PHPU, the dynamics of PHPU, etc.

Author       : Ilham W. M.
Editor        : Lulu Anjarsari P.
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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