Chief Justice Suhartoyo opening a workshop on the 2024 regional election results dispute resolution for the KPU, Monday (9/9/2024). Photo by MKRI/HPW.

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BOGOR, HUMAS MKRI – As the 2024 simultaneous regional head elections on November 27, 2024, approach, 160 members of the General Elections Commission (KPU) attended the first batch of workshops on the procedural law of election results disputes for governors, regents, and mayors in 2024, held at the Pancasila and Constitution Education Center in Cisarua, Bogor, West Java, on Monday, September 9, 2024.

Chief Justice Suhartoyo officially opened the workshop, acknowledging that the KPU had recently been busy with Constitutional Court (MK) decisions during the election stages. He explained that the procedural instruments for resolving regional head election disputes (PHP Kada) in 2024 still relied on the partial election laws used in previous elections, rather than a unified framework for simultaneous elections.

“This procedural law for handling PHP Kada 2024 still uses the framework from earlier, non-simultaneous elections. Therefore, the MK felt it necessary to engage the KPU through a workshop to ensure better accommodation in responding to election disputes in 545 regions,” Suhartoyo said during the event, which was also attended by MK Secretary General Heru Setiawan, Acting Head of the Pancasila and Constitution Education Center Nanang Subekti, KPU RI Chairman Mochammad Afifuddin, and KPU Legal Bureau Head Andi Krisna.

2024 Pilkada Is Different

Suhartoyo emphasized that the 2024 simultaneous regional elections would be different from previous ones. Regional organizers and their legal representatives must be meticulous in preparing responses to any disputes filed by petitioners, as they would face the petitioners directly. He noted that while the KPU RI and Bawaslu would still participate, their role would be limited to coordination and supervision.

Given the significance of the event, Suhartoyo urged participants to prepare for potential disputes that may be brought to the MK, especially considering the massive scale of the 545 regional elections. He stressed the importance of adhering to both formal and substantive election procedures to avoid legal challenges. He also pointed out that many candidates in previous elections were disqualified by the MK for failing to meet formal requirements.

Procedural Law for PHP Kada

In the first session, Chief Justice Suhartoyo and Constitutional Justice M. Guntur Hamzah shared their experiences handling election disputes with the participants. Suhartoyo highlighted the importance of the KPU closely monitoring all stages of the election process, even if those stages were outside MK’s jurisdiction. He explained that any misstep by the KPU could potentially become grounds for legal disputes brought by petitioners before the MK.

Meanwhile, Guntur elaborated on the procedural law for resolving regional election disputes, noting that it involved two opposing parties, making it different from judicial review cases. He emphasized that the KPU must be attentive to technical details throughout the entire process, from the filing of disputes to court proceedings and post-trial stages, as outlined in PMK 3/2024 and PMK 4/2024.

Workshop Agenda

The workshop, held from Monday to Thursday (September 9-12, 2024), will cover several key topics. In the first session, Chief Justice Suhartoyo and Constitutional Justice M. Guntur Hamzah will discuss the procedural law for resolving governor, regent, and mayor election disputes. In the second session, KPU RI Chairman Mochammad Afifuddin will present on the potential for regional election disputes. The third session will focus on the dynamics of handling election disputes, while the fourth session will detail the mechanisms, stages, and schedules for resolving election disputes.

Participants will also receive training on the ICT system for submitting applications and responding to disputes electronically. Sessions six and seven will focus on techniques for drafting respondent answers in election disputes, followed by practical exercises on preparing responses. Lastly, session nine will involve evaluating the responses prepared during the practical exercises.

Author            : Sri Pujianti
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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