Legislative Election Case Trial Begins Next Week, Can't Anwar Usman-Arsul Sani Take Part in the Session?

A total of 297 legislative election dispute cases have been received by the MK and will be heard starting next Monday (29/4/2024).

KOMPAS/HERU SRI KUMORO

The Constitutional Court building on Jalan Medan Merdeka Barat, Jakarta, on Saturday (16/3/2024). Hundreds of election dispute cases from the 2024 general election are expected to flood the court after the General Election Commission (KPU) declares the results of the national vote tally.

JAKARTA, KOMPAS — The Constitutional Court will begin holding a trial for disputes over the results of the 2024 legislative election or PHPU on Monday (29/4/2024) next week. There will be 79 applications that will be heard simultaneously in three judge panels. This number is only a small portion of the total 277 applications for disputes over the legislative election that were registered in the electronic Constitutional Case Registration Book.

Other cases will be brought to trial on Tuesday (April 30, 2024) with a total of 77 cases. Next, on Thursday (May 2, 2024) there will be 81 cases tried, and on Friday (May 3, 2024) there will be 60 cases tried. Specifically on Monday, the 79 cases will be evenly divided into three panel sessions. These three panels are panel 1, which will try 25 cases, panel 2 will try 28 cases, and panel 3 will try 26 cases.

Spokesperson of the Constitutional Court, Fajar Laksono Suroso, has stated that the Court has received submissions as a related party in the post-election lawsuit registration since yesterday. At the first hearing for each case next week, each applicant will be given the opportunity to explain the essence of their application. The General Election Commission, as the respondent, as well as other political parties/candidates who have submitted themselves as related parties, will also be given the chance to provide answers or responses to the applications that have been submitted. The Election Supervisory Board will also be heard as a witness.

Also read: A Look at the MK's "Kitchen" Handling Election Results Disputes

The Constitutional Court targets to complete the handling of legislative election dispute cases by a maximum of June 10th. This is in accordance with the provision that the Constitutional Court must complete the handling of election dispute cases within 30 working days since the case is registered.

KOMPAS/HENDRA A SETYAWAN

The atmosphere of registration of cases for the 2024 general election dispute at the Constitutional Court Building on the last day of registration, Saturday, March 23, 2024. Approaching the deadline for registration of legislative election disputes, political parties and candidates besieged the Constitutional Court.

Two judges excluded

According to Fajar, the legislative dispute will be handled by nine constitutional judges. However, there are specific regulations for two constitutional judges who are exempted. The first is Anwar Usman, who will not handle cases submitted by the Indonesian Solidarity Party (PSI) or related to the party. This is because Anwar is the uncle of PSI Chairman Kaesang Pangarep, the youngest son of President Joko Widodo. The second is Arsul Sani, who will not handle cases related to the United Development Party (PPP) because Arsul is a member and former executive of PPP.

The reason is, Anwar is the uncle of PSI Chairman Kaesang Pangarep, the youngest son of President Joko Widodo.

Several cases will be heard on Monday, filed by a number of political parties including PDI-P, Golkar Party, Democratic Party, Nasdem Party, Gerindra Party, PKB Party, Prosperous Justice Party, National Mandate Party, PSI, Crescent Star Party, Perindo Party, Garuda Party, and Indonesian People's Wave Party. There are also cases filed by independent candidates, including former Deputy Chairman of the Regional Legislative Council Irman Gusman and Bartolomeus Mirip.

Wiwik Budi Wasito, a lecturer in constitutional law at UIN Maulana Malik Ibrahim in Malang, stated that disputants are more focused on the issue of vote tally results rather than questioning structured, systematic, and massive fraud. This is because in cases of legislative election disputes, the most commonly granted plea by the Constitutional Court is regarding vote shifting.

The second is Arsul Sani who did not handle cases related to the United Development Party (PPP) as Arsul is a member and former official of the PPP.

According to him, applicants can use the evidence of C1 forms generated at each polling station or the plan result C uploaded in Sirekap. Although the hierarchical manual counting which is the basis for the recapitulation of vote acquisition by the KPU, data uploaded in Sirekap can be utilized by prospective legislative members.

KOMPAS/COKORDA YUDISTIRA

The vote count recap of the 2024 election from villages and sub-districts in West Denpasar District, Denpasar City, was held in the Kompyang Sujana GOR, West Denpasar District, Denpasar City, Bali, on Tuesday (20/2/2024).

The existence of Form C, which is the result of a plano, greatly helps candidates/parties who do not have witnesses at polling stations. Wiwik realized that bringing witnesses to each polling station requires a large amount of funds/expenses. This becomes a problem for political parties, so typically the cost of witnesses is borne by the candidates in order to secure their vote count.

"For legislative candidates who don't have a lot of capital, they usually nunut (ride) a friend. Or if not, then just surrender," he added.

The KPU was not disturbed by the PHPU hearing

Meanwhile, regarding the upcoming start of the legislative PHPU trial in 2024 on next Monday, the General Election Commission ensures that the trial of disputes over the results of the general election at the Constitutional Court will not disturb the concentration of implementing the stages of regional head elections or simultaneous regional elections in 2024. The Commission will arrange it in such a way that the stages of the elections that intersect with the stages of the general elections can be carried out properly, one of which is by dividing the resources owned by the election organizing agency. (Kompas.id, 1/4/2024).

Referring to the attachment to General Election Commission Regulation (PKPU) Number 2 of 2024 concerning Stages and Schedule for the Election of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors in 2024, the stages of forming an ad hoc body > overlaps with PHPU in the Constitutional Court.

KOMPAS/DIAN DEWI PURNAMASARI

The Chairman of the General Election Commission, Hasyim Asy'ari (center), accompanied by the commissioners, held a press conference on the preparations for the Indonesia Election Visit Program (IEVP) for the 2024 election at the KPU office in Jakarta on Monday (February 12th, 2024).

The formation of the Election District Committee (PPK), the Vote Collection Committee (PPS), and the Election Organizer Group (KPPS) will begin on April 17 until November 5. At the same time, the KPU team still has to follow the electoral dispute in the Constitutional Court. The presidential election dispute will end on April 22, while the hearing of the legislative election dispute will take place from April 29 to June 10.

Also read: KPU Ensures PHPU Dispute Does Not Disturb the Regional Election Stages

KPU member, Idham Holik, said that the KPU has anticipated several overlapping stages of elections and regional elections. Resource allocation management has been prepared to ensure that the team can carry out some stages of the regional elections that overlap with the stages of the general elections.

In carrying out the regional election stages, the KPU adopted a policy to divide tasks among all provincial and district/city KPU members. The KPU will assign the legal and supervisory division as well as the technical division for election administration to take part in the PHPU legislative election trial which will begin being held on April 29 at the Constitutional Court. At the same time, the KPU will assign the human resources (HR) division to carry out the stages of forming an ad hoc body.

"With the division of tasks for each division, the management of election and regional head election implementation phases can be effective and efficient, including support from the secretariat," said Idham.