Lawsuit Case elections? Respect the Rules and Decisions of the Constitutional Court later

By: Ajeng Mufadillah)*

A few weeks after the official announcement of the election vote counting in the Commission, will be a hard day for the Constitutional Court (MK). As the mat before the elections simultaneously, various claims election results flow, and this will certainly happen again in the 2017 elections.

The day after the implementation of the local elections (elections) simultaneously in 2017, the Interior Minister, Tjahjo Kumolo meet President Joko Widodo (Jokowi) at the State Palace, Jakarta. He reported the election implementation simultaneously throughout Indonesia, on Wednesday (02/15/2017) orderly and safe.

However, the Democratic Party who simultaneously held in 101 places, certainly still leaves a bit of a problem. For example, regarding the improvement of data voters list (DPT), campaign violations, political money, up discontent losing candidate in the elections.

This candidate dissatisfaction can happen, since not all candidates with legowo could accept defeat. As happened in the elections Takalar South Sulawesi and Banten province.

In the elections Takalar for example, the difference in sound between the two pairs of candidates thin adrift. Pair number 1, Burhanuddin-Natsir Ibrahim get as much as 86 090 votes (49.42 percent), the pair number two, Syamsari-Achmad Dg Se’re obtain sound 88 113 votes (50.58 percent).

The difference in sound is so thin that potentially will lead to the election disputes in the Constitutional Court (MK). Moreover, supporters of the two pairs of candidates alike had claimed victory after a fast count by voting on Wednesday (15/02/2017) then.

The same thing happened in the elections of Banten province. Based on the quick count survey agency, the pair Andika Wahidin-thin leads of a couple Rano-Embay. For example, Indo Barometer released Wahidin-Andika received 50.53 percent sound and Rano-Embay 49.47 percent. While the Political Indicators released, the pair Wahidin-Andika won 50.32 percent sound and Rano-Embay 49.68 percent. From the quick count there is a narrow margin of 0.64 percent to 1.20 percent.

Differences thin voice that has the potential to be brought to the Constitutional Court as the final struggle of the candidates. This is in accordance with Law No. 10 2016 on the Second Amendment Act (Act) No. 1 of 2015 on Stipulation of Government Regulation in Perppu Number 1 of 2014 on the Election of governors, regents, and mayors – which states the candidate pairs may file a lawsuit to MK if the difference in the vote with his partner ranged between 0.5 to 2 percent.

Sued the selection of election results is not new in Indonesia. In the simultaneous election in 2017, followed by the 337 candidates who are scattered in 101 regions across Indonesia. The dispute is a potential election, Act No. 10 of 2016 has provided a space for candidates who have not accepted defeat would take legal action as a last hope to win the struggle.

However, before the path of the past, candidates have to wait for the results of recapitulation which runs from 16 to February 27, 2017. Those who reject the election results also need to wait for the Decision of the Provincial KPU for candidates for governor and lieutenant governor, or Decision Regency / City for regent and vice regent candidate or candidates for mayor and vice mayor. Therefore, the Commission’s decision to be one of the requirements to file election disputes in the Constitutional Court.

“The submission of the application referred to in paragraph (5) has the tools / documents of evidence and the Decision of the Provincial KPU or Regency / City on the results of vote count recapitulation,” reads Article 157 paragraph (6) of Law No. 10 in 2016.

The candidates could be considered election disputes in the Constitutional Court is the last moment to fight for the victory through formal channels. MK suing to election results is guaranteed by law, but prior to competing, not every regional head candidates reveal oath or pledge ready to win ready to lose. Nevertheless it is, let’s create a peaceful and conducive situation after the Democratic Party simultaneously yesterday. Hopefully all parties accept gracefully whatever the result of the ballot and the results of the Court’s decision on the lawsuit filed later, to Indonesia which remain peaceful.

)* The author is CIDISS contirbutor