Chief Justice Suhartoyo opening a workshop on the 2024 election of governors, regents, and mayors for the alumni association of the Law Faculty of Andalas University and journalists, Monday (8/26/2024). Photo by MKRI/Ilham W.M.

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BOGOR, MKRI – Towards the 2024 Simultaneous Regional Elections (Pilkada 2024) scheduled for November 2024, the Constitutional Court (MK) is also preparing itself, particularly in handling disputes over the results of the 2024 Regional Head Elections (PHP Kada 2024). One of the efforts made by the Court is to provide the public with knowledge about the procedural law for PHP Kada. To this end, the Court organized a Technical Guidance on the Procedural Law for Disputes Over the Results of the 2024 Governor, Regent, and Mayor Elections for the IKA FH Unand and journalists. The event, which invited 150 participants, was held on Monday (26/8/2024) at the Pancasila and Constitutional Education Center, Cisarua, Bogor.

In his opening remarks at the event, Chief Justice Suhartoyo stated that the Court, as a constitutional court, facilitates access to justice for those seeking it. One way it does so is by allowing non-lawyers to serve as legal representatives, which applies to all MK jurisdictions.

"Constitutional litigation can be represented by legal counsel who are not lawyers, whether in Judicial Review, Election Result Disputes, or Regional Election Result Disputes, as well as other authorities like the dissolution of political parties, impeachment, and more. This is the access to justice prepared by the Court," said Suhartoyo, accompanied by Deputy Chief Justice Saldi Isra and Secretary-General Heru Setiawan.

Suhartoyo continued that the Court provides this means because its core mission is to protect the constitutional rights of citizens. One way is by not imposing case fees on the parties involved. "In Election Result Disputes, fees could actually be charged to the parties, but the Court does not impose such fees," he added during his remarks at the Grha 3 Hall of the Pancasila and Constitutional Education Center.

Procedural Law of Pilkada Results Dispute

During the event, Chief Justice Suhartoyo and Deputy Chief Justice Saldi Isra also presented matter on the procedural law for PHP Kada. Both emphasized that the Court is not "rigid" in handling PHP Kada petitions, such as immediately applying the threshold for filing petitions as stipulated in Article 158 of the Pilkada Law. The Court is said to prioritize substantive justice in handling PHP Kada.

"The percentage in Article 158 will not automatically be assessed by the Court during the dismissal ruling. If the petitioner can convince the constitutional justices that the determination of the election results involved negligence and errors, including systematic, structured, and massive (TSM) events," said Suhartoyo.

Deputy Chief Justice Saldi Isra expressed a similar sentiment, stating that Article 158 of the Pilkada Law is no longer an obstacle for petitioners in submitting PHP Kada cases. According to him, the Court can still consider the petition as long as the claims made are clear and convincing to the constitutional justices. "The key to convincing the justices lies in the clarity of the arguments presented in the petition," he said.

Saldi also mentioned that each participant in the technical guidance has the opportunity to become a legal representative, whether for the petitioner or the related parties. According to Saldi, the initial preparation as a legal representative involves understanding one's position.

"Ultimately, the outcome depends on how well we prepare ourselves; are we representing the petitioner or the related party? This can actually be anticipated," said Saldi.

Saldi further explained that the Court is more flexible because the requirements are not burdensome. He also suggested that when filing as a petitioner, it is better to submit the petition on the last day. "Understanding the time constraints and knowing the strategic steps to take is crucial," he clarified regarding the key to submitting a PHP Kada petition.

Report

Meanwhile, Prim Harjadi, Chairman of the IKA FH Unand, expressed his gratitude to the Court for facilitating this technical guidance. "This is a rare opportunity; we will disseminate this information to everyone. I hope the participants make the most of this event," said Prim, who is also the Junior Criminal Chief Justice of the Supreme Court.

In his report, Secretary-General Heru Setiawan mentioned that this technical guidance is different from the other eleven similar sessions that will take place. This is because the other eleven sessions are directly related to case handling, while this one, specifically for IKA FH Unand and journalists, aims to help the Court in increasing the understanding of MK’s procedural law and broadening information about the Court. "It is hoped that the participants can assist the Court in spreading information about the Court and its procedural law," said Heru.

For your information, this technical guidance is held over four days, from Monday to Thursday (26 – 29/8/2024). The participants will receive material on the Procedural Law for Disputes Over the Results of the 2024 Governor, Regent, and Mayor Elections; the mechanism, stages, and schedule for handling Disputes Over the Results of the 2024 Governor, Regent, and Mayor Elections; the Electronic Case Management Information System; the role of Journalists in Handling Disputes Over the Results of Regional Head Elections; and more. Speakers at the event include Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, Constitutional Court Junior Registrars, Constitutional Court Registrar, Constitutional Justices’ Expert Assistants, and IT staff. (*)

Author          : Lulu Anjarsari P.
Editor           : Lulu Anjarsari P.
Translator     : Agusweka Poltak Siregar (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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