Constitutional Justice Suhartoyo opening the fifth workshop on the procedural law for 2024 election results disputes for advocates at the Pancasila and Constitution Education Center, Tuesday (11/6/2023). Photo by MKRI/Panji.

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BOGOR (MKRI) — Constitutional Justice Suhartyo opened the fifth workshop on the procedural law for the 2024 general election results disputes (PHPU) for advocates at the Pancasila and Constitution Education Center (Pusdik) on Tuesday, November 06, 2023, in Cisarua, Bogor, West Java Province. This workshop was scheduled for advocates who are members of the Congress of Indonesian Advocates (AdvoKAI).

In his speech, Justice Suhartyo remarked that advocates have a social and environmental responsibility (corporate social responsibility, CSR) to help justice seekers. This is to ensure they can be valued by justice seekers who need help.

“Over my thirty-five years as a judge in Indonesia, I keep encountering advocates and even the police. There are certain requirements for advocates. Now, with CSR or similar activities, the requirements have been covered,” he said.

He also explained about Court’s proceedings. He said that as a judicial institution, the Constitutional Court provides constitutional protection to all citizens. It helps justice seekers who feel aggrieved by the enforcement of certainly laws by providing broad access. In this regard, justice seekers have an option to have legal counsel or advocates, or to personally file a case to the Court without any legal counsel.

“The Court is never half-hearted in assisting justice seekers. And, therefore, it does not impose a burden on them to always be represented by an advocate,” Justice Suhartoyo explained.

This is different from Supreme Court (MA), which requires justice seekers to be represented by a certified legal counsel who is a licensed advocate. If the legal counsel or advocate does not possess a certification, they can be reported and legally challenged.

Justice Suhartoyo also advised the advocates currently participating in the workshop to master procedural laws, both in the Constitutional Court and other judicial institutions. This is because procedural law is very important to litigate in a judicial institution.

“Therefore, you must master procedural laws because if you don’t have a good understanding of them, you may be manipulated by the public prosecutors or the opposing party in a case. Today, the participants of this workshop on the procedural law for the 2024 general election results disputes, including the presidential, legislative, and future regional election, should be able to master the procedural laws. Therefore, you will be able to handle cases effectively at the Constitutional Court,” he suggested.

Valuable Opportunity

Previously, AdvoKAI president Tjoetjoe Sandjaja Hernanto expressed his gratitude to the Constitutional Court for inviting AdvoKAI to take part in the workshop. “We are grateful and thankful to the Constitutional Court for giving AdvoKAI the opportunity to participate in this workshop by sending 162 of its best advocates out of 4,551 KAI advocates throughout the country,” he said.

He also stated the workshop was a rare and valuable opportunity for KAI members to gain knowledge from the best speakers that Court prepared for. “For this opportunity I, on behalf of the Congress of Indonesian Advocates and on of all participants, express my highest respect and deepest gratitude,” he added.

On behalf of the secretary-general of the Constitutional Court, head of the Program and Implementation Division of the Pancasila and Constitution Education Center Nanang Subekti said that this workshop was based on the idea that the success of the Constitutional Court in exercising its authority was not only determined by the readiness of the Court’s apparatuses but also by the knowledge and understanding of various elements of society who will be involved as parties in Court proceedings. “Within this framework, the Court through Pusdik considers it necessary to conduct workshop on the procedural law for the 2024 election results disputes for advocates,” he said.

Furthermore, Nanang said that the workshop had been attended by all national and local political parties as well as the KPU (General Elections Commission) and Bawaslu (Elections Supervisory Body). “Previously, the Court also conducted workshops for 18 national political parties, 6 Aceh local political parties, KPU, and Bawaslu, and advocates. Like today, it is conducting the fifth workshop on the procedural law for the 2024 election results disputes for advocates out of six batches that have been prepared,” explained Nanang.

This workshop was attended by 162 KAI advocates from 34 provinces in Indonesia. The workshop was held from Monday to Thursday, November 6-9, 2023 at the Pancasila and Constitution Education Center (Pusdik).

Author       : B. Panji Erawan
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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