03 March 2023
Sadli Damanik A.Md
HUMAS FH-USU: Friday (03/03/2023) the Constitutional Law Student Association (PERMATA), Meriam Debating Club (MDC), and the Indonesian Christian Student Movement (GMKI) held a seminar entitled “Readiness of the Constitutional Court in Facing Disputes over Election Results and Regional Elections in 2024” with the speaker Constitutional Judge Dr. Daniel Yusmic P. Foekh S.H., M.H. who was accompanied by Expert Assistant to the Constitutional Judge, Alboin Pasaribu who is an alumnus of FH USU along with a team from the Constitutional Court. The activity was held in the Faculty Advisory Council (DPF) room of the Faculty of Law, University of North Sumatra (FH USU).
Constitutional Judge Dr. Daniel Yusmic P. Foekh S.H., M.H in his presentation of material said “talking about general elections (elections) before the amendment of the 1945 Constitution, is closely related to the existence of an institution in charge of organizing elections formed since 1946, which later became known as the General Election Commission (KPU). Meanwhile, a new election supervisory institution was initiated in 1982 under the name of the Election Implementation Supervisory Committee (Panwaslak Pemilu), which later transformed into the Election Supervisory Agency (Bawaslu). Since the 1998 Reformation and the amendment of the Constitution, several institutions have emerged, such as the KPU as the election organizing agency; Bawaslu as the election supervisory agency; DKPP as the supervisory agency for the behavior of the KPU and Bawaslu; and the Constitutional Court as an institution that hears disputes over election results.
Furthermore, Constitutional Judge Dr. Daniel Yusmic said “Although the actual role of the Constitutional Court in elections here is more complex than just adjudicating disputes over election results. In its position as a constitutional court, through the authority to test the constitutionality of the Constitutional Court's laws or what we know as judicial review, the Constitutional Court can also change within a limited scope related to electoral legal policies,”
Next, Constitutional Judge Dr. Daniel Yusmic elaborated on the principles of election administration, namely independent, honest, fair, legally certain, orderly, open, proportional, professional, accountable, effective, efficient, which are contained in Article 3 of the Election Law. In relation to this, Constitutional Judge Dr. Daniel Yusmic linked it to the administration of elections and dispute resolution therein.
Constitutional Judge Dr. Daniel Yusmic also discussed the dynamics of resolving disputes over general election results (PHPU) cases at the Constitutional Court. In the exercise of its authority, the Constitutional Court makes procedural laws as outlined in the Constitutional Court Regulations as well as a series of notes on PHPU 2019 and PHP Kada 2020/2021. Constitutional Judge Dr. Daniel Yusmic revealed that the forms of violations that occurred and were proven in court were generally related to vote recapitulation and counting, including the addition and subtraction of candidate votes, errors in recording vote acquisition, errors in recapitulating votes on different forms, inconsistencies between Form C1 and C1 Plano or C1 hologram, and Bawaslu recommendations that were not followed up.
Regarding the implications of the Constitutional Court's decision on the findings of this violation, Constitutional Judge Dr. Daniel Yusmic said that the Constitutional Court in this case gave several results, namely determining the correct vote results, an order to conduct a re-voting (PSU), an order to conduct a re-count of votes, and disqualification of the Candidate Pair. “Talking about the preparation of the Constitutional Court to realize justice in the upcoming 2024 elections, the Constitutional Court is currently carrying out technical guidance on PHPU procedural law for political parties that have been declared qualified as participants in the 2024 elections. There are 18 national parties and 6 local Acehnese parties, so that they can approach justice for justice seekers later,” explained Constitutional Judge Dr. Daniel Yusmic.
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