Chief Justice Suhartoyo opening a workshop on the procedural law for the 2024 general election results disputes for presidential campaign teams, Monday (12/4/2023) in the Pancasila and Constitution Education Center. Photo by MKRI/YB.

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BOGOR (MKRI) — The Constitutional Court (MK) held a workshop on the procedural law for the resolution of the 2024 general election results disputes (PHPU) for the campaign teams of the three presidential tickets on Monday-Wednesday, December 4-7, 2023 at the Pancasila and Constitution Education Center (Pusdik) in Cisarua, Bogor, West Java Province.

Chief Justice Suhartoyo opened the workshop and also delivered a presentation in the first session. He reminded that petitioners of presidential election dispute cases can file their petitions no later than three days after the General Elections Commission (KPU) determines the national vote count results.

“Unlike for legislative elections (pileg) and regional head elections (pilkada), the deadline for filing a petition on disputes over the presidential election (pilpres) results is no later than three days after the national announcement by the KPU,” Chief Justice Suhartoyo said on the first day of the workshop on Monday evening, December 4, 2023.

Fast Evidentiary Process

Chief Justice Suhartoyo also emphasized that the submission of a petition on disputes over the presidential election results can only be done once. This is due to speediness of the proceedings. Based on statutory provisions, these disputes should be settled within 14 workdays.

“Any matters that have not been included may be added at the first hearing when the petition is recited. The petition read on the first day is the actual petition,” he explained.

He asserted that petitioners who have legal standing in such cases are presidential and vice-presidential candidates. The constitutional justices will not examine the subject matter of the petition if the petitioner does not meet this requirement.

Presidential Election Result Settlement Easier

On the same occasion, Deputy Chief Justice Saldi Isra also stated that the Court does not consider the motive of the petitioner to file a PHPU case, such as questioning the validity of the vote count or trying to enhance their political bargaining power. He said that regardless of the motive, the Court is obliged to decide the petition.

“Even if someone comes to the Court to submit a petition because there is an inaccurate vote count or to enhance their political bargaining power, the Court is still obliged to decide on the petition,” he said.

Deputy Chief Justice Saldi explained that resolving disputes over the results of the presidential election is much simpler and easier compared to that of the legislative and regional head election. This is because all eight constitutional justices will examine and adjudicate each petition and these cases are not divided into panels as are case of legislative and regional head elections.

Deputy Chief Justice Saldi also informed the participants that Constitutional Justice Anwar Usman will not join in examining and adjudicating disputes over presidential election results as decided by the Constitutional Court Ethics Council (MKMK).

In addition, he described the composition of the constitutional justices based on their experience in resolving disputes over presidential election results. Constitutional Justices Anwar Usman and Arief Hidayat have experience in handling PHPU cases twice, the 2014 and 2019 elections. Constitutional Justices Saldi Isra, Suhartoyo, and Enny Nurbaningsih have only handled PHPU cases in 2019. Meanwhile, Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah have never adjudicated PHPU cases.

Meanwhile, Constitutional Justices Manahan M.P. Sitompul and Wahiduddin Adams will end their tenures in December 2023 and January 2024, respectively. Thus, two new justices have never adjudicated PHPU or regional election dispute cases.

“This is important to mention so that later, when the petitions have been decided, people will no longer question the justices’ experience, thus avoiding doubts,” he said.

Dignified and Constitutional

In his remarks, Head of the Program and Implementation Department of the Pancasila and Constitution Education Center (Pusdik) Nanang Subekti said that the workshop was based on the idea that the Court’s success in resolving PHPU cases is not only determined by the Court’s personnel’s preparedness, but also the understanding and knowledge of all elements of society who are the parties in PHPU cases.

“It is within this framework that the Court through the Pancasila and Constitution Education Center considers it necessary to hold a workshop on the procedural law for the resolution of the 2024 general election results disputes (PHPU) for the campaign teams of the presidential tickets,” Nanang said.

Nanang hoped the workshop participants would be able to understand the procedure for the settlement of PHPU cases, which will affect the Court’s resolution of disputes over the presidential election results in a dignified and constitutional manner, thus ensuring the success of the five-yearly democratic event.

Author       : Mimi Kartika
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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