General elections (Pemilu) are the culmination of the democratic process in a country. After voting is finished, disputes often arise regarding the election results. Election dispute hearings are a vehicle for election participants to resolve disputes legally. This process is not just a form of legal accountability, but also a reflection of a nation’s democratic maturity.
Respecting the election dispute trial process is an important aspect in strengthening the foundations of democracy. This is a moment where all parties must show an attitude full of maturity and prioritize the interests of the nation above the interests of individuals or groups. In this context, we must observe several important things.
In the 2024 Election issue, there was a dispute over the 2024 Presidential and Vice Presidential Election Results Dispute (PHPU President) submitted by Anies Baswedan and Muhaimin Iskandar as well as Ganjar Pranowo and Mahfud MD to declare Prabowo Subianto and Gibran Rakabuming Raka to be disqualified from the 2024 Presidential Election.
The first hearing on the dispute over the results of the 2024 Presidential Election at the Constitutional Court (MK) was held on Wednesday (27/3/2024). Handling disputes over election results or PHPU is a momentum to test the statesmanship of constitutional judges, in addition to providing a sense of justice to the presidential election participants. Therefore, the Constitutional Court is expected to prove itself as a constitutional court and guardian of democracy.
Constitutional Law Lecturer at Andalas University, Padang, Khairul Fahmi, said that constitutional judges must be objective in adjudicating election result disputes. Constitutional judges must also distance themselves from any possibility of taking sides with certain pairs of presidential and vice presidential candidates (capres-cawapres) and be fair in deciding cases while gaining the public’s trust. This is a momentum for the Constitutional Court to prove that they are a constitutional judicial institution and were created in accordance with the constitution.
In line with Khairul Umam, Professor of Constitutional Law at Padjadjaran University, Bandung, Susi Dwi Harijanti, also hopes that constitutional judges will act as statesmen. According to him, this is important so that the Constitutional Court functions well.
All parties need to maintain their professionalism and maturity in responding to the results of the election dispute trial. First, it is important to respect the institutions responsible for resolving election disputes. Institutions such as the Constitutional Court or similar authorized institutions must be respected as guardians of the constitution and independent law enforcers. Decisions taken by this institution must be accepted by all parties as final and binding.
Second, in respecting election dispute trials, it is important to pay attention to the applicable legal processes. All parties must provide full cooperation to the institution in charge of the dispute hearing. This includes providing the necessary evidence and following the trial process with a full sense of responsibility.
Third, upholding integrity and transparency is crucial in respecting election dispute trials. All parties must be honest and open in providing information required by authorized institutions. This will ensure that the legal process runs fairly and produces the right decision.
Fourth, a polite attitude and respect for political opponents are characteristics of democratic maturity. In the context of election dispute trials, all parties must avoid provocative rhetoric and be respectful of each other. This will create an atmosphere conducive to peaceful resolution of disputes.
Fifth, respecting election dispute hearings also means respecting the final decisions taken by the competent institutions. Once the decision is issued, all parties must be willing to accept the results and move forward with enthusiasm to build a better nation.
MK Spokesperson Fajar Laksono said that his party had made various preparations in the court room and outside the court room. Based on the schedule shared on the MK’s official website, the 2024 Presidential PHPU preliminary examination hearing was divided into two sessions. Each applicant will be given a quota of 12 seats and two seats will be added if the presidential and vice presidential candidates (applicant principals) are present at the hearing.
On a different occasion, Central Jakarta Police Chief Commissioner Pol. Susatyo Condro Purnomo said that the police had deployed 400 personnel for security around the MK Building. Susatyo also appealed to the public not to demonstrate in front of the MK building. The public is expected to respect the proceedings of MK disputes in a wise and orderly manner.
In the context of democracy, respecting election dispute hearings is not just a legal obligation, but is also an attitude that reflects the political maturity of a nation. By prioritizing collective interests above individual or group interests, we will form a solid foundation for a healthy and sustainable Indonesian democracy.
