Upholding Justice and Democracy, MK Listens to All Witness Statements in the 2024 Legislative Election Session
By: Anita Rahman
The Constitutional Court continues to listen to all statements from witnesses and experts in the 2024 Legislative Election (Pileg) trial, which is a concrete manifestation of how the Constitutional Court upholds justice and democracy in Indonesia.
Even though Indonesia is actually one of the countries that adheres to the principles of democracy, in reality this must continue to receive support and all parties are able to make efforts so that it remains upright as is the basis of the state.
Therefore, the role of the Constitutional Court (MK) itself is a very important party because they are tasked and responsible for continuing to uphold justice in every process of implementing the democratic party in Indonesia.
The trial on General Election Disputes (PHPU) continues until it is currently in the evidentiary stage. According to the Constitutional Court Spokesperson, Fajar Laksono, there are 106 lawsuit cases in the Legislative Election (Pileg) which are progressing to this stage.
All of them will continue to undergo trials until June 2024. In a total of 106 cases, in one case each party is allowed to present up to 6 witnesses or experts.
The agenda for the ongoing PHPU hearing regarding the 2024 Pileh cannot be separated from the Constitutional Court’s strong commitment to continuing to uphold justice and democracy in Indonesia, namely by hearing all information from witnesses or experts, including conducting examinations and also validating additional evidence.
Constitutional Court Judge Arief Hidayat reminded all parties to submit additional evidence at least one day before the trial takes place on a working day. Furthermore, if there is a party who makes a submission but it is not appropriate, then this will be taken into consideration by the Panel of Judges.
Likewise, Constitutional Justice Enny Nurbanisngsih also appealed to all litigants in the 2024 Legislative Election dispute at the Constitutional Court (MK) to submit all their evidence as soon as possible.
Because with the evidence they immediately submit to the Constitutional Court, they can immediately get a response from the other party at the evidentiary hearing. The Constitutional Court itself continues to provide opportunities for all parties to be able to present their evidence before the evidentiary trial ends.
Very firmly, the Constitutional Court itself emphasized that it is the guardian of democracy by referring to the principle of upholding substantive justice.
Not only that, but the Constitutional Court has also carried out all functions in examining the constitutionality of laws (UU), which makes the institution capable of assessing and testing norms in laws, whether they are contrary to the constitution as the highest law (fundamental law) or not.
Furthermore, the Constitutional Court also has the authority to decide cases regarding disputes over general election results (PHPU) as in the 2024 Legislative Election (Pileg) session this time.
Legal products such as laws, even though they are stipulated by the Government of the Republic of Indonesia (RI) and also the People’s Representative Council of the Republic of Indonesia (DPR RI) in a democratic way, but the results are not necessarily able to reflect the values of the legal image and constitutional values.
Not only assumptions, but in fact past experience proves this. The principle of upholding justice in the judicial process is what the Constitutional Court is currently continuing to explore very deeply in order to realize substantive justice before all the people of the country and the Constitutional Court is not shackled by what is enshrined in the law (procedural justice). ). Thus, the Constitutional Court itself has a very important role in maintaining the balance between democracy and nomocracy.
Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh explained that when talking about the Constitutional Court, it also means discussing the history of the development of state institutions and judicial power in Indonesia.
In the previous period, judicial power was only held by the MK. Then in the amendment to the Constitution (UUD) of the Republic of Indonesia of 1945 which contained the constitutional system in Tanag Air, the judicial power stated the existence of the Constitutional Court as a state institution which also exercised independent judicial powers to administer justice to uphold law and justice. .
Through a functional check and balances system approach, the 9 constitutional justices are not just a matter of number to be able to exercise their authority. However, since the amendment to the 1945 Constitution, the constitutional structure is no longer vertical, so that the MK’s judicial power has the function of exercising control over executive and legislative powers.
This role means that the Constitutional Court (MK) continues to strive to uphold the principles of justice and democracy in Indonesia, namely by continuing to listen to all statements from witnesses or experts in the 2024 Legislative Election (Pileg) session.
*) Political Observer at Semarang State University
