Head of the Legal Affairs and Registrar Administration Bureau Fajar Laksono opening the second workshop on the regional election results disputes for advocates, Monday (10/28/2024) at the Pancasila and Constitution Education Center. Photo by MKRI/Ilham W.M.
BOGOR (MKRI) — With the nearing 2024 regional election, the Constitutional Court (MK) continues disseminating the procedural law for the resolution of disputes over the results of the 2024 election of governors, regents, and mayors (PHPKada of 2024) for advocates. As many as 160 advocates attended the second workshop to learn and share experiences on Monday, October 28, 2024 at the Pancasila and Constitution Education Center in Cisarua, Bogor, West Java Province.
The event, attended by 160 lawyers, was officially opened by the Head of the Legal Bureau and Court Administration Fajar Laksono at the Grha Konstitusi 3 Auditorium. The opening ceremony was also attended by Muhamad Daud Berueh as the Deputy Secretary-General of the Indonesian Advocates Association (PERADI), Binsar Jon Vic as the Vice President of the Indonesian Advocates Congress (KAI), Teguh Samudera as the Chairman of the Indonesian Advocates Federation (FERARI), Kores Tambunan as the Secretary-General of FERARI, Indranas Gaho as the Chairman of the Indonesian Advocates and Lawyers Association (PERADAN), and Hertanto Wijaya as the Secretary-General of PERADAN.
Fajar stated that the upcoming regional elections (Pilkada) to be held in 545 regions in November 2024 are a democratic event that must be safeguarded by all components of the Indonesian nation. Democracy, which emphasizes freedom, must be accompanied by legal frameworks to ensure the smooth conduct of the democratic process in line with the provisions in the constitution.
"If the election is not legally sound, the regional election can be declared unconstitutional. This is where the role of advocates is crucial in maintaining a balance in the democratic process, which often relies on majoritarianism. We may differ in professions, such as the DPR, President, MPR, and the constitution clearly outlines the tasks for each. We are bound by the same national goal, which is to achieve the national objectives stated in the Preamble to the 1945 Constitution. This is not just a declaration of independence but also a programmatic statement, as the Preamble to the 1945 Constitution sets the direction and how this country should be managed to achieve its national goals. This is why synergy and collaboration are needed between the Court and the advocates in this training, where advocates play a role in aligning democracy and law,” explained Fajar.
The Position of Advocates
In the activity report, Mundiri, the Head of the Pancasila and Constitution Education Center, stated that advocates hold an equal position with law enforcement officers in ensuring the delivery of justice. "Therefore, it is important for the Court’s Education Center (Pusdik MK) to invite advocates to participate in the 16th training to enhance understanding and align perceptions about the Court's procedural law, as well as to increase knowledge of the Court's procedures in handling regional election disputes," said Mundiri.
Six Motives for Filing a Case
In Session I, Fajar Laksono, the Head of the Legal Bureau and Court Administration, invited the training participants to understand the concept of "The Constitutional Court and the Dynamics of Handling Governor Election Dispute Cases." Based on his observations of cases filed with the Court during regional election disputes, Fajar identified six motives for parties (the petitioners) to submit cases to the Court. First, petitioners with high ideals feel disadvantaged by the election results. They tend to seriously submit their requests with strong arguments and evidence, especially when the vote difference is small. This allows the petitioners to prove their claims. Second, petitioners who are not ready to lose because, based on their campaign team’s calculations, they should have won. Third, petitioners who understand they have lost with a significant vote margin, but they would feel more honored if the Court decides the loss.
The fourth motive involves petitioners who submit requests as a "trial-and-error" approach, with arguments that are merely assumptions, accompanied by a large vote margin that they cannot substantiate. The fifth motive is a form of political bluffing, where petitioners submit a request to the Court but withdraw it before the case is heard in public. The last motive is following the support of the campaign team, which encourages them to submit the case to the Court, even when they realize the vote margin is too large to overcome.
"This is my perspective on the cases that come to the Court during regional election disputes, with analysis based on observations from the media and local political phenomena. For example, a withdrawn petition might be a bluff or simply because the petitioner couldn't reach an agreement with their advocate. The challenge here is how the advocates can prove the claims if they represent the petitioners. The claims must be substantiated with strong evidence and not mere assumptions, even though assumptions are not legally bound," explained Fajar.
Training Information
This training is held over four days, from Monday to Thursday (October 28–31, 2024), at the Pusdik in Cisarua, Bogor. Participants will receive several materials from top speakers invited by the Court. In Session I, they will discuss the Constitutional Court and the Dynamics of Handling Governor Election Disputes. In Session II, advocates will receive an explanation of the legal procedures for handling disputes in the 2024 Governor, Regent, and Mayor elections.
Next, in Session III, representatives from the Court’s Secretariat will explain the mechanisms, stages, and schedules for handling these election disputes. In Session IV, the Court’s IT team will explain the Electronic Case Handling Information System. The core goal of the training is for participants to understand the technicalities of submitting petitions and providing statements from related parties in regional election disputes, which will be followed by practical classes guided by Court mentors. After the training, the results from the practical classes will be evaluated to assess the preparation of petitions and statements for the 2024 Regional Election Disputes.
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.
Monday, October 28, 2024 | 16:19 WIB 45