Constitutional Justice Daniel Yusmic P. Foekh speaking at a national seminar organized by the Law Faculty of Mahasaraswati University, Tuesday (3/19/2024) in Denpasar, Bali. Photo by MKRI/Panji.

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BALI, HUMAS MKRI – Constitutional Justice Daniel Yusmic Pancastaki Foekh was a keynote speaker at a national seminar at the Faculty of Law of Mahasaraswati University (FH Unmas) entitled “The Constitutional Court’s Authority in Resolving the 2024 Presidential Election Results Disputes” on Saturday, March 16, 2024 in the Ganesha Hall of Unmas Rectorate building in Denpasar, Bali.

In his speech, Unmas rector I Made Sukamerta said that the online-offline (hybrid) seminar aptly featured a constitutional justice to elucidate matters relating to presidential election results disputes (PHPU). Moreover, the seminar was attended not only by structural officials, lecturers, and students of Unmas but also representatives of political parties in Bali Province, such as the Party of Functional Groups (Golkar), the National Democratic Party (NasDem), the Ummat Party, the Indonesian Solidarity Party (PSI), the People’s Conscience Party (Hanura), the Indonesian Democratic Party of Struggle (PDI-P), the Great Movement Party (Gerindra), and the Nusantara Awakening Party (PKN).

Justice Foekh began his presentation by explaining the historical aspects of elections in Indonesia, the principles of election, and the resolution of election disputes. He then elaborated the Constitutional Court’s authority based on Article 24C paragraph (1) of the 1945 Constitution, which includes resolving disputes over general election results. This authority extends to resolving disputes over regional head election results, as decided in Constitutional Court Decision No. 85/PUU-XX/2022.

When discussing the dynamics of case management, he stated that election results dispute cases are characterized by disputes over vote results and election violations. He explained that disputes over vote results concern errors in vote counting, additions of votes, subtractions of votes, or inflation of votes, whereas election violations pertain to structured, systematic, and massive (TSM) violations that significantly impact vote acquisition. Moreover, Justice Foekh briefly talked about the procedural stages of case handling, the object, the parties involved, the timeframe for filing petitions, and the deadline for resolving the disputes.

In the Q&A session guided by the moderator, one of the seminar participants from the Legal Advocacy Agency of the National Democratic Party (Nasdem) asked about the effectiveness of speedy trial in election results disputes. In response to this question, Justice Foekh stated that the Constitutional Court is bound by the case resolution deadline established in statutory laws.

“The Law has established deadlines for both filing petitions and of their resolution. While the timeframe is indeed very short, because it is a legislative policy, we are obliged to comply,” said the constitutional justice who hailed from Kupang, East Nusa Tenggara Province.

I Gede John Darmawan, a member of the Bali Provincial Elections Commission, who also spoke at the seminar, said the recapitulation process at the provincial level had gone very well and smoothly. He the Bali KPU was prepared should it become respondent in a hearing in the Constitutional Court.

The seminar concluded with the handing of souvenirs from the Law Faculty dean of Unmas Kt. Sukewati Lanang P. Perbawa to both speakers, followed by a group photo with all participants.

Author       : Alboin P.
Editor        : Lulu Anjarsari P.
Translator  : Gabrielle K. Woodside/Yuniar W. (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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