KPU Dismisses Accusations of Not Seriously Dealing with Disputes at the Constitutional Court

The KPU emphasized that it was very serious about responding to PHPU's request for legislative elections at the Constitutional Court.

KOMPAS/RONY ARIYANTO NUGROHO

The Chairman of the General Elections Commission (KPU), Hasyim Asy'ari, who became the respondent during the preliminary hearing of the dispute over the results of the presidential election in the 2024 Elections at the Constitutional Court in Jakarta, faced the plaintiffs, the presidential and vice presidential candidate pair of Anies Baswedan and Muhaimin Iskandar, on Wednesday (March 27th, 2024).

JAKARTA, KOMPAS — The General Election Commission dismissed accusations by constitutional judges that the election management agency was not serious in dealing with disputes over legislative election results at the Constitutional Court. The absence of KPU members at one of the three panel hearings on Thursday (2/5/2024), was due to other agendas being held at the same time as the hearing at the Constitutional Court.

KPU member Mochammad Afifuddin emphasized that the KPU takes all requests for dispute resolution regarding the legislative election results in the Constitutional Court very seriously. Seven KPU members have been assigned to attend the hearings, which are held concurrently in three panels. KPU legal counsel is also always present at all hearings.

Afif conveyed that some members of the Elections Commission (KPU) did not attend the hearing because there were several other agendas that had to be attended simultaneously. On top of the General Election disputes in the Constitutional Court, KPU is also currently carrying out a feasibility and propriety test for members of the provincial KPU.

Some members of the KPU also have to attend the event of handing over potential voter population data (DP4) for the 2024 regional elections from the government to the KPU. KPU Chairman Hasyim Asy'ari has requested permission from the judge to temporarily leave the PHPU courtroom at the Constitutional Court because he has to receive the DP4 from the government.

Also read: KPU Ensures that PHPU Disputes Do Not Disturb the Regional Election Stages

KOMPAS/RONY ARIYANTO NUGROHO

The legal advisory team and several members of the General Election Commission (KPU) as the respondent submitted the conclusion documents of the electoral dispute hearing (PHPU) to the officials of the Constitutional Court at the Constitutional Court in Jakarta on Tuesday (16/4/2024).

"We take the petitioner's request very seriously by partnering with eight law firms to respond and present evidence by consolidating the provincial and district/city KPU," said Afif in Jakarta on Thursday (2/5/2024).

KPU member, Idham Holik, explained that he is currently finalizing the establishment of KPU regulations regarding the registration of prospective candidate pairs for the 2024 regional head election (Pilkada). This is because the announcement of accepting support for independent candidates for the Pilkada will begin on May 5, which is three days from now. Furthermore, from May 8-12, it will enter the stage of accepting independent support. Moreover, these technical regulations have not yet been consulted with law makers.

"In order to maximize consultation with the DPR and the government, the KPU must prepare a draft technical regulation properly," he said.

Give complete information

Researcher from the Association for Elections and Democracy (Perludem), Fadli Ramadhanil, considers that the absence of members from the General Election Commission (KPU) during the Constitutional Court hearing cannot be the only indicator to assess the seriousness of the KPU. However, the problem lies with the KPU representatives in the hearing who were unable to answer questions from the constitutional judges. Legal advocates and KPU secretariat team in the hearing could not answer the confrontational questions posed by the judges.

We take the applicant's request very seriously, engaging eight law firms to respond and present evidence by consolidating the provincial and city/regency KPU (General Elections Commission).

Therefore, he hopes that the Election Commission will provide complete information to the appointed legal representatives. Their presence in court should be able to address various substantive issues in dispute. It should not be the case where all problems can only be answered by members of the Election Commission of Indonesia, as this could actually hinder the trial proceedings if they are absent.

"If we give power to the legal counsel, they should also be able to explain anything asked by the constitutional judge. This is a form of transparency and accountability in the implementation of elections," said Fadli.

Initially, Constitutional Court judge Arief Hidayat, who led the third panel of the legislative election dispute hearing, was angry when he found out that not a single member of the General Election Commission (KPU) was present in the preliminary hearing of the election dispute case on Thursday, May 2, 2024. Arief assessed that the KPU was not serious in responding to the election disputes submitted by the parties. Even according to Arief, this lack of seriousness has been apparent since the handling of the presidential election dispute some time ago.

"This is an important issue, a serious issue of dispute resolution at the Constitutional Court. Because it concerns the constitutional rights of citizens, voters, and the constitutional rights of the candidates. It must be resolved as best as possible. The court should handle this seriously," said Arief.

KOMPAS/RONY ARIYANTO NUGROHO

Constitutional Judge Arief Hidayat led the hearing on the dispute over the results of the legislative election panel 3 at the Constitutional Court in Jakarta on Thursday (May 2, 2024).

The KPU officials present at the trial explained that the KPU leaders could not attend due to their respective engagements. The two KPU leaders who were supposed to represent KPU on panel 3 were Idham Holik and Yulianto Sudrajat. Idham attended a technical event related to the preparation of regional elections, while Yulianto received consultations from the regional KPU.

This made Arief even angrier and questioned whether the election dispute hearing at the Constitutional Court (MK) was deemed unimportant. The KPU employee answered that there were legal representatives representing KPU. Arief then asked if KPU's legal representatives could answer questions about the ballot box opening conducted by KPU in Lahat Regency.

Previously, the disputant from the National Mandate Party (case 246) questioned the shifting of their votes in Ogan Komering Ilir Dapil OKI 6 and Lahat District Dapil Lahat 2. In Dapil Lahat 2, PAN questioned the opening of ballot boxes by the local KPU on April 27, 2024, for the purpose of taking documents to be used as evidence in the Pileg dispute at the Constitutional Court. However, PAN questioned why the documents taken by the local KPU were not the required C results for the court session, but rather the D results.

In response to the action, constitutional judge Arief Hidayat questioned it. However, the KPU's legal representatives from Bengawan Law Firm who were present in the hearing have not yet received information regarding the opening of the ballot boxes.

In the second session or afternoon session, new KPU members attended. For this, Arief Hidayat expressed his gratitude.

KOMPAS/RONY ARIYANTO NUGROHO

The atmosphere during the Constitutional Court judges' hearing of the petitioner's petitum in the hearing of the dispute over the results of the legislative elections at panel 3's hearing room of the Constitutional Court, Jakarta, on Thursday (2/5/2024).

Meanwhile, in panel 1 of the legislative election dispute hearing led by Chief Justice Suhartoyo, there was a slight debate regarding the presence of the General Elections Commission (KPU). At that time, KPU Chairman Hasyim Asy'ari, who was attending the hearing, requested permission from the panel to leave the hearing.

"Excuse me, Chairman, I request a principal permit at 2:00 PM later, we will leave the forum because there is an event for handing over data on potential voters for regional elections. After the event, I will return to the forum," said Hasyim.

Suhartoyo also asked who would replace Hasyim later on. However, Hasyim revealed that the KPU on Thursday has several agendas, including a feasibility and suitability test/selection of provincial KPU.

"What time is that, sir?" Suhartoyo asked.

"At 2:00 PM. After that, we will return here," said Hasyim. Suhartoyo then responded, "So returning here is already in the night. Already dispersed."

"Just a moment, the Assembly," said Hasyim, still asking for permission.

Also read: MK Judge "Angry", Assumes KPU Not Serious in Dealing with Election Disputes

Suhartoyo also stated that another panel had been reminded of the presence of the KPU. According to Suhartoyo, the presence of the KPU is very important as the coordinating party. The KPU cannot entirely rely on legal representatives, considering they only have partial responsibility or only for certain matters that fall under their jurisdiction.

Nevertheless, Suhartoyo gave Hasyim permission to leave the trial. "But we'll come back later, sir," requested the Chief Justice of the Constitutional Court.