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Ada Pertanyaan? Hubungi Kami Ari Pramuditya, Agus Sahbani
The Constitutional Court. Photo by: RES
Arief Hidayat, acting as chairman of the Constitutional Court (Mahkamah Konstitusi – “MK”), has expressed the court’s readiness to tackle the current regional-election dispute. This process gets underway on 9 December, 2015 and Hidayat asserts that the relevant human resources and MK regulatory instruments are all fully prepared for the forthcoming dispute settlement procedures.
Hidayat stated that MK Regulations No. 1 to No. 4 have been created, and that the necessary internal preparations and socialization efforts have already been conducted, at a coordinating meeting attended by the Chairman of the General Election Commission (“KPU”), the Election Supervisory Board (Badan Pengawas Pemilu – “Bawaslu”) and the Honorary Election Board (Dewan Kehormatan Penyelenggara Pemilu), which was held at the MK Building in Jakarta on Thursday 5 November, 2015.
The regulations in question are Regulation No. 8 of 2015on the Amendment of Regulation No. 1 of 2015 on the Election of Governors, Regents, and Mayors (Regional Election Regulation); KPU Regulation No. 2 of 2015 on Stages, Programs and Implementation Schedules for Regional Elections; MK Regulation No. 1 of 2015 on Guidelines for Proceedings in Cases of Regional-Election Results Disputes; MK Regulation No. 2 of 2015 on Phases, Activities, and Schedules for the Case Management of Regional-Election-Result Disputes; and MK Regulation No. 4 of 2015 on Dispute Settlements Involving Single Regional-Election Candidates.
Mr. Hidayat stated that regional-election dispute resolution is not much different from either legislative or presidential and vice-presidential dispute resolution mechanisms. The hearings on regional-election dispute resolutions begin on 7 January, 2016 and will run for a limited period of 45 days after the applications have been filed.
The hearing process will be divided between three panels, which will handle approximately 100 cases each. Each panel will report their dispute applications to the judge consultative meeting, which will consist of nine constitutional judges. Each dispute that has been examined will then be decided by these nine judges.
The Court estimates that no fewer than 300 cases relating to 266 regional elections at both the provincial and district/city levels will begin their review processes on 9 December. Three panels will tackle more or less 100 cases each, and if more than a single pair of candidates is involved, then lawsuits relating to regional election disputes may be filed by more than one applicant.
Mr. Hidayat further explained that MK already had experience of this when the legislative election disputes initially rose to around 900 cases. When this happened, the Court declared a dismissal because, as this situation did not meet its requirements. “In the end, only around 300 cases were processed. Within a month, we finally completed the handling of the cases”, Hidayat stated.
The Court has also conducted a simulation of the regional-election dispute mechanism in the case of there only being a single pair of candidates. This simulation was undertaken because currently three regions only have one pair of candidates: Blitar, Tasikmalaya, and North Central Timor Regency. The court therefore recently issuedRegulationNo. 4, which gives legal standing to a single pair of candidates and the election-observer agency (lembaga pemantau pemilu). “The KPU and Bawaslu have already accommodated this matter,” Hidayat said.
Election-Observer Requirements
At the MK meeting, KPU Chairman, Husni Kamil Manik, stated that a number of requirements had to be met regarding the registration of election observers, in order that they be able to obtain full accreditation from KPU.
“Such registration is possible in 260 districts/cities and nine provinces,” he explained.
Mr. Manik further outlined the KPU-accreditation requirements. Firstly, observers must be registered, be legal observers and possess Articles of Association (Anggaran Dasar)/Rules of Association (Anggaran Rumah Tangga). Secondly, observers should disclose their sources of funding, their relevant structures, and the scope of their monitoring regions.
Additionally, observers who have been monitoring the legislative and presidential elections will be examined on whether they made the required report after the election period. If the observers did not make a report on the legislative and presidential elections, then the KPU will reject their applications to be observers, as their obligations regarding previous election were not fulfilled.
“The comprehensiveness of these requirements will be verified by the KPU. If these conditions are met though, then election monitoring agencies will have the legal standing to sue single candidates as a part of the ongoing regional-election disputes,” Mr. Manik explained.
(sp)
Ari Pramuditya, Agus Sahbani
The Constitutional Court. Photo by: RES
Arief Hidayat, acting as chairman of the Constitutional Court (Mahkamah Konstitusi – “MK”), has expressed the court’s readiness to tackle the current regional-election dispute. This process gets underway on 9 December, 2015 and Hidayat asserts that the relevant human resources and MK regulatory instruments are all fully prepared for the forthcoming dispute settlement procedures.
Hidayat stated that MK Regulations No. 1 to No. 4 have been created, and that the necessary internal preparations and socialization efforts have already been conducted, at a coordinating meeting attended by the Chairman of the General Election Commission (“KPU”), the Election Supervisory Board (Badan Pengawas Pemilu – “Bawaslu”) and the Honorary Election Board (Dewan Kehormatan Penyelenggara Pemilu), which was held at the MK Building in Jakarta on Thursday 5 November, 2015.
The regulations in question are Regulation No. 8 of 2015on the Amendment of Regulation No. 1 of 2015 on the Election of Governors, Regents, and Mayors (Regional Election Regulation); KPU Regulation No. 2 of 2015 on Stages, Programs and Implementation Schedules for Regional Elections; MK Regulation No. 1 of 2015 on Guidelines for Proceedings in Cases of Regional-Election Results Disputes; MK Regulation No. 2 of 2015 on Phases, Activities, and Schedules for the Case Management of Regional-Election-Result Disputes; and MK Regulation No. 4 of 2015 on Dispute Settlements Involving Single Regional-Election Candidates.
Mr. Hidayat stated that regional-election dispute resolution is not much different from either legislative or presidential and vice-presidential dispute resolution mechanisms. The hearings on regional-election dispute resolutions begin on 7 January, 2016 and will run for a limited period of 45 days after the applications have been filed.
The hearing process will be divided between three panels, which will handle approximately 100 cases each. Each panel will report their dispute applications to the judge consultative meeting, which will consist of nine constitutional judges. Each dispute that has been examined will then be decided by these nine judges.
The Court estimates that no fewer than 300 cases relating to 266 regional elections at both the provincial and district/city levels will begin their review processes on 9 December. Three panels will tackle more or less 100 cases each, and if more than a single pair of candidates is involved, then lawsuits relating to regional election disputes may be filed by more than one applicant.
Mr. Hidayat further explained that MK already had experience of this when the legislative election disputes initially rose to around 900 cases. When this happened, the Court declared a dismissal because, as this situation did not meet its requirements. “In the end, only around 300 cases were processed. Within a month, we finally completed the handling of the cases”, Hidayat stated.
The Court has also conducted a simulation of the regional-election dispute mechanism in the case of there only being a single pair of candidates. This simulation was undertaken because currently three regions only have one pair of candidates: Blitar, Tasikmalaya, and North Central Timor Regency. The court therefore recently issuedRegulationNo. 4, which gives legal standing to a single pair of candidates and the election-observer agency (lembaga pemantau pemilu). “The KPU and Bawaslu have already accommodated this matter,” Hidayat said.
Election-Observer Requirements
At the MK meeting, KPU Chairman, Husni Kamil Manik, stated that a number of requirements had to be met regarding the registration of election observers, in order that they be able to obtain full accreditation from KPU.
“Such registration is possible in 260 districts/cities and nine provinces,” he explained.
Mr. Manik further outlined the KPU-accreditation requirements. Firstly, observers must be registered, be legal observers and possess Articles of Association (Anggaran Dasar)/Rules of Association (Anggaran Rumah Tangga). Secondly, observers should disclose their sources of funding, their relevant structures, and the scope of their monitoring regions.
Additionally, observers who have been monitoring the legislative and presidential elections will be examined on whether they made the required report after the election period. If the observers did not make a report on the legislative and presidential elections, then the KPU will reject their applications to be observers, as their obligations regarding previous election were not fulfilled.
“The comprehensiveness of these requirements will be verified by the KPU. If these conditions are met though, then election monitoring agencies will have the legal standing to sue single candidates as a part of the ongoing regional-election disputes,” Mr. Manik explained.
(sp)