Preliminary Examination of a Number of Cases Completed, MK Immediately Issues "Dismissal" Decision

Several legislative election dispute cases have been examined and will soon be decided whether they can continue or not.

KOMPAS/RONY ARIYANTO NUGROHO

The atmosphere during the electoral dispute trial for the legislative election in panel 1 of the Constitutional Court in Jakarta on Monday (6/5/2024).

JAKARTA, KOMPAS — The Constitutional Court has completed preliminary examinations of a number of legislative election results disputes cases in parts of East Java Province, South Sulawesi , Central Papua, North Maluku, West Sumatra, Banten, and others. The constitutional judges will hand down a dismissal decision on Monday (6/5/2024) for cases that have gone through a preliminary examination.

A dismissal decision is a decision to determine which cases are discontinued and which cases proceed to the next stage, namely proof.

The Deputy Chairman of the Constitutional Court (MK), Saldi Isra, revealed that the court will soon hold a meeting of judge consultation because the preliminary examination has been completed.

"The session to deliver responses and statements from the respondent, relevant parties, and Bawaslu for East Java has concluded. Therefore, the next hearing schedule will be announced after the court holds a judges' deliberation meeting," said Saldi, who led the dispute settlement hearing for the legislative election results (PHPU) for panel 2 on Monday, May 6th, 2024.

Saldi revealed that the Judges' Council Meeting (RPH) will decide which cases are to be stopped and which cases will proceed to the next stage, namely the evidence submission. The RPH will be attended by nine constitutional judges to discuss the report made by three panels.

Panel 1 is led by the Chairman of the Constitutional Court, Suhartoyo, with judges Guntur Hamzah and Daniel Yusmic P Foekh as members. Meanwhile, Panel 2 is led by Saldi with judges Arsul Sani and Ridwan Mansyur as members, and Panel 3 is led by constitutional judge Arief Hidayat with members Enny Nurbaningsih and Anwar Usman.

KOMPAS/RONY ARIYANTO NUGROHO

Constitutional judge Saldi Isra (left) and Chairman of the Constitutional Court Suhartoyo (right) during the continuation of the dispute over the 2024 Presidential Election Results (PHPU) trial at the Constitutional Court in Jakarta on Monday (1/4/2024).

According to Saldi, Constitutional Judge Anwar Usman will not participate in deciding all cases related to the Indonesian Solidarity Party (PSI), either as the applicant or the related party. Similarly, Constitutional Judge Arsul Sani will not determine the fate of the application submitted by the Development Unity Party (PPP).

"Therefore, all other things will wait for further developments, including later, for example, if there is a request to proceed to the evidentiary stage, we will be told how many witnesses, how many experts, and when the schedule will be fixed," said Balance.

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According to Saldi, the most important thing after the preliminary examination is the phase of announcing the dismissal verdict. After that, the hearing will enter a new phase of further evidence presentation.

A similar sentiment was expressed by Arief Hidayat when he closed the morning, afternoon, and evening sessions. In the morning session at 08.00 AM and the afternoon session at 01.00 PM, panel 3 continued the examination of the Election Commission's (KPU) responses, related parties, and the Election Supervisory Board's statements regarding 16 cases from the Central Papua Province area. The issue of delayed voting in five districts in the Intan Jaya Regency due to security factors, namely attacks by armed criminal groups, was a concern. Several parties questioned this matter as well as the vote counting results.

KOMPAS/RONY ARIYANTO NUGROHO

Constitutional judge Arief Hidayat questioned one of the appendices from one of the petitioners, which was deemed suspicious during the hearing of the dispute over the results of the legislative election panel 3 at the Constitutional Court in Jakarta on Thursday (2/5/2024).

"The next step, the three of us will report to the RPH. In the report, we will include all the examination results from the first preliminary examination until today. The RPH's result can decide whether the case should be continued or not. Or it can be immediately decided because the case is already clear. For example, if the case is withdrawn, fled, or something like that," Arief added.

In this parliamentary election dispute of 2024, the Constitutional Court received 297 cases disputing the election results. These cases involve allegations of vote manipulation across regions from Aceh to Papua. Today, on Monday, the court began the trial for 55 cases and preliminary examinations will continue on Tuesday (May 7, 2024).