Deputy registrar I Triyono Edy Budhiarto speaking at a workshop on the resolution of the 2024 regional election results disputes for the Law Faculty of Musamus University, South Papua Province, Monday (10/14/2024). Photo by MKRI/HPW.

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MERAUKE (MKRI) – The Constitutional Court (MK) MK Conducts Technical Guidance on Regional Election Dispute Resolution (PHP Kada) for the academic community of the Faculty of Law, Universitas Musamus (Unmus), in Merauke, South Papua, on Monday and Tuesday, October 14-15, 2024. The session was led by Deputy Registrar I, Triyono Edy Budhiarto, who elaborated on the formal requirements for submitting regional election dispute petitions under Article 158 of Law No. 10 of 2016 (Pilkada Law). 

Edy explained that Article 158 will be applied after the court sessions and deliberation of the case's substantive issues. Petitioners must reference Article 158 in their legal standing arguments, connecting it to the substantive issues to justify deferring its application, which will be addressed during further hearings. 

“Article 158 is not considered initially but is reviewed alongside the main petition during the hearing process,” Edy clarified to around 100 participants in attendance. 

Edy outlined four thresholds based on population size. First, 1. 2% for regions with populations below 2 million or cities/districts with populations below 250,000. Secondly, 2. 1.5% for regions with populations between 2-6 million or cities/districts with populations between 250,000-500,000. Third, 1% for regions with populations between 6-12 million or cities/districts with populations between 500,000-1 million, and lastly 0.5% for regions with populations exceeding 12 million or cities/districts with populations over 1 million. 

Using a hypothetical example, he explained the calculation. For a province with a population of 1,905,121 and a total valid vote count of 1,837,300, a 2% threshold would be 36,746 votes. If candidate pair A received 637,200 votes, B 601,500, and C 598,600, the difference between A and B (35,700 votes) falls below the threshold, meeting the requirement under Article 158. 

Edy emphasized that PHP Kada petitions can be submitted on-site or on-line by candidate pairs or election monitors (for single-candidate elections). Petitions must be filed within three working days of the election result announcement by the Election Commission (KPU). 

The court has 45 working days to deliver a decision from the date the petition is registered in the e-BRPK system. Rulings may include interim decisions, instructing respondents or other parties to act or refrain from actions related to the disputed matter, with results reported back to the MK. 

Support from Various Parties

Nanang Subekti, Head of the Information and Communication Technology Center, stated that resolving regional election disputes requires comprehensive legal understanding from all stakeholders. This includes recognizing electoral violations and the resolution process. 

He emphasized that “speedy trials” must uphold substantive justice for those seeking legal redress. The session also targeted advocates and academics, aiming to enhance their understanding of procedural laws for resolving election disputes. 

By involving law enforcement and academic communities in strengthening democracy, this initiative supports a more robust oversight of electoral processes. "The academic community has a responsibility to contribute to this effort by deepening their understanding of election disputes and acting as vigilant overseers of democracy," Nanang concluded. 

Author            : Mimi Kartika
Editor            : N. Rosi
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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