Chief Justice Suhartoyo and Deputy Chief Justice Saldi Isra fielding questions from participants of the fifth workshop on the procedural law for the 2024 general election results disputes for the KPU, Thursday (11/23/2023). Photo by MKRI/Ilham W. M.
BOGOR (MKRI) — The fifth workshop on the procedural law for the resolution of the 2024 general election results disputes (PHPU) for the General Elections Commission (KPU) came to an end. The event was officially concluded by head of Legal Advocacy and Dispute Resolution Bureau of KPU Andi Krisna on Thursday, November 23, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province. In his speech, Andi said that this event must provide knowledge and insight in facing the 2024 election.
Also read: Equalizing Perceptions of Election Disputes Resolution
The workshop took place on Monday-Thursday, November 20-23, 2023. As many as 160 participants consisting of members and legal divisions of the KPU from six provinces—Bengkulu, Banten, Central Java, North Kalimantan, North Sulawesi, and West Papua—participated in it.
Chief Justice Suhartoyo officially opened the workshop on Monday, November 20. Afterward, Chief Justice Suhartoyo and Deputy Chief Justice Saldi Isra spoke in the first session.
Chief Justice Suhartoyo said that this event was held to equalize the perception of the 2024 PHPU settlement. It is hoped that election organizers can understand the Court’s procedural law and an overview of the PHPU settlement so that they can litigate in the Constitutional Court.
He explained that in the Court’s development, the cases brought to it not only involve numbers but also procedural matters. Therefore, the workshop participants will also receive materials and practice preparing the KPU’s (respondent) response.
In his presentation, Deputy Chief Justice Saldi Isra said election organizers should not think positively about the election results. They should be prepared if there are parties who question the determination of the vote results. Thorough document storage is key in handling result disputes. Therefore, there should be no scattered documents, everything must be stored neatly to answer the petitioners’ arguments.
He believes that in the litigation process in the Constitutional Court, the KPU should be the biggest beneficiary because it has the most complete files. However, this is not always the case because there are also several petitions granted by the Constitutional Court.
In addition, all possibilities can occur in PHPU cases such as candidates who get the most votes can file a petition to strengthen their victory. There is also the possibility that a presidential ticket who won 49 percent of the votes filed a petition to the Court so that the vote be declared exceeding 50 percent so that there is no need for a run-off.
Next, he emphasized that the KPU should only answer what the petitioners question. “So, don’t answer what is not argued. In simple terms, [leave well enough alone],” he said.
He revealed the issues that arose in the legislative PHPU. First is the vote acquisition. Then the determination of party seats whether they pass the parliamentary threshold or not. The last is the battle between individual legislative candidates.
In the second session, substitute registrar Mardian Wibowo delivered a presentation on “The Dynamics of Handling Disputes over General Election Results.” He explained the history of the establishment of the Constitutional Court and the general elections commission in the third amendment to the 1945 Constitution.
In the third session, deputy registrar Wiryanto explained the schedule and stages of handling election disputes. He also shared his experience in handling PHPU cases.
In the sixth session, Sigit Joyowardono from the KPU emphasized that election organizers should pay attention to the reports on the receipt and use of campaign funds. The political parties’ disobedience to the provision will result in the elimination of political parties and their legislative candidates from the electoral districts.
Author : Ilham Wiryadi M.
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.
Thursday, November 23, 2023 | 14:19 WIB 66