Constitutional Justice Enny Nurbaningsih giving a keynote speech at a seminar of the Indonesian Law Students Forum, Saturday (12/9/2023). Photo by MKRI/B. Panji E.

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SURAKARTA (MKRI) — Constitutional Justice Enny Nurbaningsih gave a keynote speech at a seminar of the Indonesian Law Students Forum on Saturday, December 9, 2023 in Surakarta. The event was collaboration between the Constitutional Court (MK) and the Law Faculty of Universitas Sebelas Maret (FH UNS).

In a seminar with the theme “Discussing Indonesia’s Election System: Addressing Polarization and Election Fraud,” Justice Enny said that general elections serve as a mechanism to determine who will lead the country.  “Implementing the principle of fair elections requires a lot of effort, because even a democratic country like the US finds it difficult to implement,” she said.

She further explained that the Election Law has actually divided the authority of the General Elections Commission (KPU), the Elections Supervisory Body (Bawaslu), and the Constitutional Court. The Constitutional Court has the authority to decide disputes over general election results (PHPU) certified by the KPU.

She revealed that the disputes examined by the Court are not only about results. However, to maintain democracy, the Court does not hesitate to examine the election process if an error is found. The Court even disqualified a regional head candidate pair determined through a unfair process, which was supposed to be the election organizer’s jurisdiction. However, the Court did so because it was a serious problem.

“This is indeed a contest between people, so it is not uncommon for violations to occur,” she said.

Stakeholders of Election Disputes

In preparation for the 2024 election, Justice Enny explained, the Court has provided workshops to stakeholders involved in the election to prevent them from experiencing issues when appearing before the Court. These stakeholders include political parties, the KPU, Bawaslu, and advocates. Such workshops are necessary because PHPU differs from judicial review of laws.

Bawaslu’s presence in election dispute cases (PHPU) is to provide testimony and explain all matters related to the petitioner’s arguments. Proof of the argument is very important because it will determine the truth of the violation that occurred.

On the other hand, many KPU regulations have changed due to the Court’s decision. For example, the prohibition of campaigns in educational institutions and public facilities, and election fraud or violations must be based on applicable provisions.

Fast Process

In addition, Justice Enny explained that the examination process of PHPU proceeds quickly because there is a time limit for its resolution. In the 2019 PHPU cases, many candidates faced issues related to the time limit.

The settlement of presidential PHPU must be decided within 14 days, while the legislative PHPU in 30 days, and regional PHPU within 45 days.

Justice Enny added that in the open-list proportional system, there is a possibility of disputes between legislative candidates within the same party over votes obtained. Therefore, the Court allows that such disputes between individual legislative candidates be settled under the condition of a written approval from the party’s chairman and secretary-general.

She also mentioned the neutrality of the constitutional justices in hearing and deciding PHPU cases. She emphasized that to maintain neutrality, the justices should not examine cases from their regions of origin or those who they are related to.

During the Q&A session, a student asked about the deadline to resolve a case. In response, Justice Enny explained that in order to provide legal certainty, it is necessary to regulate such deadlines. The deadline does not only apply to PHPU cases but also to the judicial review of laws. Previously, the deadline for reviewing a law was limited to 60 days after the petition is registered in the electronic constitutional case registry (e-BRPK). Currently it is limited to 60 days since the submission of the statement of the House of Representatives (DPR) and/or the President.

Next, Justice Enny addressed a participant’s question about the Court’s decision that went viral some time ago. She emphasized that the matter had been resolved and it was not an institutional but an individual issue.

In her opening remarks, dean of the Law Faculty of UNS, I Gusti Ayu Ketut Rachmi Handayani, previously stated that this event has been organized annually since 2016. Ayu expressed hope that the theme of this event would contribute to election with integrity, and that students would actively participate in safeguarding a direct, public, free, confidential, honest, and fair election.

Author       : Ilham W.M.
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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