The legislative election dispute hearing process at the Constitutional Court was transparent and conducive
By: Bagas Adrian Nathaniel )*
General elections (Pemilu) are the main foundation in a country’s democratic system. A fair, transparent and conducive general election process is the key to success in maintaining the integrity and trust of the public in a democratically elected government.
However, like many countries, Indonesia is also not free from challenges in carrying out the general election process, especially related to the General Election Results Dispute (PHPU) which is often in the public spotlight.
In 2024, the Constitutional Court (MK) will become the main stage for resolving legislative election disputes. Trials that take place at the Constitutional Court are in the public spotlight, because that is where various parties are involved in the trial process to seek justice regarding the results of the general election. In this context, appreciation for the transparent and conducive legislative election dispute hearing process at the Constitutional Court is very relevant to highlight.
The PHPU Session for Members of the Republic of Indonesia DPR for West Java Province I and Bekasi City DPRD 2 for 2024 (PHPU for Legislative Members for 2024) which was held on Wednesday (8/5/2024) is concrete evidence of a transparent and conducive legal process.
In the courtroom, not only does legal dialogue take place between the parties concerned, but facts and evidence are also presented in depth which become the basis for the Court to decide on a fair and legally based outcome.
Ali Nurdin, as the KPU’s Legal Counsel, provided clarification and defense regarding the allegations of violations of the principles of honesty and fairness submitted by the applicant. He emphasized that the KPU had carried out the vote counting process transparently and in stages, starting from the polling station level to the national level. The KPU responds to every objection and report from the applicant seriously, reflecting their commitment to the integrity of the election process.
Likewise, representatives from political parties, such as Golkar and PPP, also provided explanations and defenses regarding the accusations raised. They emphasized that the vote recapitulation process had been carried out in accordance with applicable procedures and every objection or report had been followed up properly by the election organizers. This active participation from various parties shows the importance of maintaining transparency and honesty in a democratic system.
Apart from that, the information provided by Bawaslu is also important in the PHPU process. As an election monitoring institution, Bawaslu has a crucial role in ensuring integrity and fairness at every stage of the election.
During the hearing at the Constitutional Court, Bawaslu provided clarification regarding the report of alleged violations submitted, emphasizing that there were no elements of election crime in the case. The presence of Bawaslu in the Constitutional Court session proves the important role of independent institutions in supervising and ensuring the integrity of the general election.
However, it is not only the PHPU trial process that is of public concern. The case of vote inflating in East Medan is of particular concern in the law enforcement process related to general elections. The firm action taken by the police by detaining three PPK members suspected of being involved shows that violations in the general election process will not be tolerated.
Legal enforcement in this case also provides a strong message that any violations related to general elections will be followed up seriously in accordance with applicable legal provisions. This step also gives confidence to the public that the law enforcement process in general elections is carried out fairly and without discrimination.
It cannot be denied that the legislative election dispute hearing process at the Constitutional Court has been running conducively. Even though there were various tensions between the parties involved, the entire process took place in an orderly manner and followed applicable regulations. The presence of all relevant parties, both physically and through representatives, shows a commitment to seeking a fair and open resolution.
Although the 2024 legislative election dispute hearing process at the Constitutional Court can be appreciated, there are still challenges that need to be faced in the upcoming general election. Among these are improvements in the general election system, improving the quality of election implementation, as well as strengthening the role of related institutions such as the KPU and Bawaslu.
Not only that, it is also important to continue to strengthen awareness of the importance of active community participation in maintaining the democratic process. The public needs to be encouraged to be more critical and active in monitoring the running of general elections and reporting any violations that occur.
In responding to the legislative election dispute hearing process at the Constitutional Court, it is important for all of us to appreciate the efforts that have been made to maintain transparency and integrity in our democratic system.
The active participation of various parties in this legal process shows a shared commitment to ensure that the general election process takes place in accordance with applicable democratic rules and principles.
Therefore, let us continue to support efforts to strengthen democratic institutions, such as the KPU and Bawaslu, and respect the decision that will be read by the Constitutional Court. All parties have an important role in ensuring that every general election process takes place fairly and honestly, in order to realize a strong and just democracy in Indonesia.
*) Contributor to Kawiwara Pustaka
