Advocates’ Influence on the Court’s Decisions
Image

Head of the Program and Implementation Department of the Pancasila and Constitution Education Center Nanang Subekti officially closing the sixth workshop on the procedural law for the 2024 general election results disputes for advocates, Wednesday (11/29/2023). Photo by MKRI/YB.


BOGOR (MKRI) — Head of the Program and Implementation Department of the Pancasila and Constitution Education Center (Pusdik) Nanang Subekti officially closed the sixth workshop on the procedural law for the resolution of the 2024 general election results disputes (PHPU) for advocates on Wednesday, November 29, 2023 at Pusdik in Cisarua, Bogor, West Java Province. He said that advocates are friends of the Constitutional Court (MK), on which the quality of the Court’s decisions also rest.

“How advocates present good legal opinions, really good evidence, so that constitutional justices can be influenced by advocates’ legal opinions. That is what creates influence of advocates on the decisions of the Constitutional Court. So whether the Constitutional Court’s decisions are fair or not, much of the contribution is from advocates,” said Nanang.

Nanang pointed out that the Constitutional Court did not grant many petitions during the 2019 General Election. As a result, advocates serving as legal counsels for the petitioners, respondent, or relevant parties should avoid even minor errors when submitting PHPU petitions.

Nanang hoped this workshop could make the advocates understand more about the Court, such as the Court’s authority. The Pancasila and Constitution Education Center promised to present speakers, materials, and better facilities and infrastructure to hold the next workshops.

Dadang Herli Saputra, a representative of the Nusantara Advocates and Lawyers Association (Peradan), said that elections have an important meaning for all elements of society because they are a means to determine the country’s leaders and legitimize the government, both executive and legislative. Elections are also important as a means of community participation to determine their choices so that hopefully whoever is elected can channel their aspirations.

Dadang said that the elections are an important forum for resolving conflicts peacefully based on the law. According to him, this workshop provided knowledge and insights for advocates to help them face disputes over election results in 2024.

For Dadang, who had only been appointed as an advocate for one year and had never followed any workshop on the procedural law for PHPU case settlement, the workshop was a very useful educational forum even in the midst of very short time constraints. He also expressed his gratitude to the speakers and the Court for providing facilities and infrastructure for the workshop.

“This workshop will improve our confidence in protecting our democracy, and we participants have an appreciation for the organizers for running the event well,” he said.

Also read: Ahead of 2024 Election, Court Reminds Advocates to Uphold Law and Justice

During the workshop, the advocates were provided with various materials on PHPU case resolution, starting from the procedural law for PHPU in 2024; the dynamics of handling of disputes over general election results; the mechanism, stages, and schedule of the resolution of the 2024 PHPU cases; the preparation of the petition and the relevant party’s testimony in the 2024 PHPU; the electronic case handling information system; and the evaluation of the results of the preparation of the petition and the relevant party’s testimony. The Court also gave the advocates a posttest and evaluation of their activities.

This sixth workshop for advocates was attended by the central executive board of Advokat Bangsa Indonesia (ABI), the Indonesian Legal Counsels Association (IPHI), the Indonesian Lawyers Union (SPI), the central executive board of the Indonesian Advocates Association (PPAI), the Nusantara Advocates and Lawyers Association (Peradan), and the Indonesian Legal Counsels and Consultants Association (Perhakhi). It took place on Monday-Wednesday, November 27-29, 2023.

Author       : Mimi Kartika
Editor        : Nur R.
Translator  : Nyi Mas Laras Nur Inten Kemalasari/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.


Wednesday, November 29, 2023 | 20:42 WIB 230