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Maintain Harmony During Legislative Election Dispute Hearings at the Constitutional Court

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By: Puteri Nababan*

The legislative election (Pileg) dispute hearing at the Constitutional Court (MK) is a crucial moment for political and social stability in Indonesia. In undergoing this legal process, maintaining harmony is very important. The political tensions that arise along with these disputes can endanger the peace and unity of the nation. Therefore, during the trial process, it is important for all parties involved to show a mature and responsible attitude in responding to each stage.

Maintaining harmony during legislative election dispute hearings at the Constitutional Court requires a fair and transparent attitude from the parties involved, from election participants, lawyers, to the judge presiding over the trial. Success in achieving justice and truth is the main basis for maintaining harmony. Every step taken must be based on the principles of justice and applicable law, without taking sides in one particular party.

The initial examination hearing of the general election results dispute (PHPU) for the 2024 Legislative Election dispute has been started by the MK. With a total of 297 cases to be heard, the nine constitutional judges are divided into three trial panels which run simultaneously. Each panel consists of three constitutional judges whose task is to examine cases carefully and fairly. Panel I was chaired by Judge Suhartoyo, Panel II by Judge Saldi Isra, and Panel III by Judge Arief Hidayat. The distribution of handling the number of cases is carried out carefully, where Panel I will examine 103 cases, while Panels II and III will each examine 97 cases.

The Constitutional Court has a time limit of 30 working days from the time the case is recorded in e-BRPK to resolve the Legislative PHPU case. In this case, the Constitutional Court is regulated by PMK Number 1 of 2024 to decide on the case no later than June 10 2024. This shows the Constitutional Court’s commitment to resolving disputes in a timely manner and providing legal certainty to all parties involved.

The 2024 legislative election dispute trial is a continuation of the resolution of the previous presidential election dispute by the Constitutional Court. In this way, the Constitutional Court returned to carrying out its duties in upholding the supremacy of law and ensuring justice in the democratic process in Indonesia. 

Spokesperson for the Constitutional Court, Fajar Laksono, emphasized that the legal process will be carried out with transparency and professionalism, so that the decisions made by the Constitutional Court can be trusted by the public.

In the 2024 legislative election dispute trial, the General Election Commission (KPU) will act as the respondent. The KPU has stated its readiness to face the follow-up hearing and respond to 285 PHPU requests from members of the People’s Representative Council (DPR) and Regional Representative Council (DPD), both from political parties and individual legislative candidates. The KPU’s commitment has also been seen in supporting the legal process ongoing at the Constitutional Court and respecting the decisions that will be taken by the judicial institution.

The legislative election dispute hearings at the Constitutional Court are also a reflection of the importance of maintaining harmony and stability in society. In a political context, election disputes can create polarization and tension between various parties. However, with the existence of a judicial institution such as the Constitutional Court which is independent and competent, it is hoped that the dispute resolution process can be carried out fairly and produce decisions that can be accepted by all parties.

Apart from that, in maintaining harmony, it is also important to avoid all forms of provocation and statements that could trigger conflict. Good communication between all parties can reduce potential friction and increase mutual understanding of the ongoing legal process. Accuracy in conveying information and responding to arguments from opposing parties needs to be prioritized in order to avoid the spread of false or misleading information.

Apart from the parties directly involved, the role of the community is also very important in maintaining harmony during the legislative election dispute hearing at the Constitutional Court. The community needs to be actively involved in monitoring and supervising the course of the legal process. Moral support and supervision from the community can help suppress potential violations or actions that are detrimental to the legal process. Apart from that, the public also needs to be reminded not to be provoked by political issues that could disrupt order and harmony.

During the trial process, law enforcement must also be carried out strictly against any violations that occur. There is no tolerance for actions that disturb order and harmony, whether from the court participants or other parties outside the court. Fair and firm law enforcement will provide a strong signal that the state is serious about maintaining the integrity and authority of the judiciary.

By maintaining harmony during legislative election dispute hearings at the Constitutional Court, Indonesia can show its maturity as a legal state that upholds the principles of justice, democracy and unity. A trial process that runs smoothly and is characterized by mutual respect between all parties will be an example for other countries about the importance of maintaining calm and harmony in resolving political conflicts. Thus, it is not only the legal decisions produced by the Constitutional Court that are important, but also the judicial process itself which is an example of efforts to maintain harmony and unity amidst differences.

*The author is a Political Science student

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