Public Relations FH-USU: On Friday (03/03/2023), the Constitutional Law Student Association (PERMATA), Meriam Debating Club (MDC), and the Indonesian Christian Student Movement (GMKI) organized a seminar on the theme "The Readiness of the Constitutional Court in Facing Disputes over the Results of the 2024 General Elections and Regional Elections." The event featured Constitutional Judge Dr. Daniel Yusmic P. Foekh, S.H., M.H., accompanied by Constitutional Judge Assistant Expert Alboin Pasaribu, an alumnus of FH USU, and a team from the Constitutional Court. The activity took place in the Faculty Consultative Council room at the Faculty of Law, University of North Sumatra (FH USU).
Constitutional Judge Dr. Daniel Yusmic P. Foekh, S.H., M.H., in his presentation, stated, "Discussing general elections (pemilu) before the amendment of the 1945 Constitution is closely related to the existence of an institution responsible for organizing elections established since 1946, known as the General Election Commission (KPU). Meanwhile, the election monitoring institution was initiated in 1982 with the name Election Implementation Supervisory Committee (Panwaslak Pemilu), which later transformed into the Election Supervisory Board (Bawaslu). Since the 1998 Reform and the amendment of the Constitution, several institutions have emerged, including the KPU as the election organizing institution, Bawaslu as the election monitoring institution, DKPP as the institution overseeing the behavior of KPU and Bawaslu, and the Constitutional Court (MK) as the institution adjudicating election disputes."
Furthermore, Constitutional Judge Dr. Daniel Yusmic stated, "Although the role of the Constitutional Court in elections is more complex than merely adjudicating election disputes. In its position as a constitutional court, through the authority of constitutional law testing or known as law testing, the Constitutional Court can, in a limited scope, modify election law policies."
Constitutional Judge Dr. Daniel Yusmic then outlined the principles of election organization, such as independence, honesty, fairness, legal certainty, order, openness, proportionality, professionalism, accountability, effectiveness, and efficiency, as stipulated in Article 3 of the Election Law. In connection with this, he related these principles to the organization of elections and dispute resolution within it.
Constitutional Judge Dr. Daniel Yusmic also discussed the dynamics of settling disputes over the results of general elections (PHPU) at the Constitutional Court. In the exercise of its authority, the Constitutional Court established procedural law outlined in the Constitutional Court Regulation and a series of notes on the PHPU of 2019 and the Regional Election Result Dispute (PHP Kada) of 2020/2021. Dr. Daniel Yusmic revealed common violations that occurred and were proven during general hearings, including issues related to the recapitulation and vote counting, such as the addition and subtraction of candidate votes, errors in recording vote acquisition, errors in the recapitulation of votes on different forms, lack of synchronization between Form C1 and C1 Plano or C1 hologram, and recommendations from Bawaslu that were not followed up.
Regarding the implications of the Constitutional Court's decision on these violations, Constitutional Judge Dr. Daniel Yusmic mentioned several outcomes, such as confirming the correct vote count, ordering a revote (PSU), ordering a recount, and disqualifying candidate pairs. "Speaking about the Constitutional Court's preparation to achieve justice in the upcoming 2024 elections, the Constitutional Court is currently conducting technical legal guidance for election participants declared eligible for the 2024 elections. There are 18 national parties and 6 local parties in Aceh, to approach justice for future justice seekers," explained Constitutional Judge Dr. Daniel Yusmic.
