Legal Literacy - The Constitutional Court (MK) provides an opportunity for prospective members of the DPR and DPRD to independently file lawsuits regarding election results, without being bound by their original party.

However, these prospective legislative members must obtain a recommendation from the general chairman and secretary-general (sekjen) of the party to be able to proceed to the MK.

This regulation is stipulated in Constitutional Court Regulation Number 2 of 2023 concerning Procedures for Cases of Disputes over the Results of the General Election of Members of the DPR and DPRD.

The following are the important points of the regulation:

Applicants for disputes over legislative election results can be submitted by:

  1. Political parties participating in the election
  2. Prospective members of the DPR and DPRD who have obtained written approval from the general chairman and secretary-general
  3. Local parties participating in the election
  4. Prospective members of the DPR Aceh and DPRD regencies within local parties

The Constitutional Court (MK) predicts that there will be a surge in cases of disputes over the 2024 Election results. This follows the permission for prospective members of the DPR/DPRD to register dispute cases independently, without going through a political party.

MK Spokesperson Fajar Laksono Suroso said, "There is a potential increase in cases. Because it is registered separately."

Previously, registration of election result dispute cases could only be done by political parties. However, based on Constitutional Court decision Number 91/PUU-XX/2023, this authority has been extended to individual legislative candidates.

Political Parties Anticipate an Increase in the Number of Lawsuits to the Constitutional Court

The potential increase in cases is also anticipated by political parties. PAN Secretary-General Eddy Soeparno explained that his party has formed two advocacy teams to handle election result disputes.

"Problems within PAN legislative candidates will be handled and resolved by the internal PHPU team, while disputes with external parties/legislative candidates will be handled by the MK PHPU team," said Eddy.

The formation of this advocacy team is expected to help maximize PAN's chances of winning election result disputes in the MK.

With the increasing number of parties potentially registering cases, the MK needs to prepare itself to face the possibility of a surge in cases of disputes over the 2024 Election results. This increase in the number of cases could be a challenge for the MK in maintaining the quality and timeliness of dispute resolution.

PAN is Selective Regarding Applications for Disputes over Legislative Election Results

The Central Executive Board (DPP) of PAN does not automatically provide recommendations to legislative candidates (caleg) who want to submit individual General Election Result Dispute (PHPU) cases to the Constitutional Court (MK). The DPP PAN will first listen to recommendations from the external team to assess the feasibility of the dispute before granting or not granting a letter of recommendation.

This assessment and recommendation process also applies when legislative candidates, both individually and as a party, become the respondent/related party in a PHPU case. So far, the DPP PAN has received approximately 20 dispute applications, both internally and those to be submitted to the MK.

Chairman of the DPP PAN for Legal Affairs and Advocacy, Yandri Susanto, explained that this external team consists of credible and independent constitutional law experts and election experts. This team will study and analyze all the evidence and arguments submitted by the legislative candidates before providing recommendations to the DPP PAN.

"DPP PAN wants to ensure that every case submitted to the MK has a strong legal basis and the potential to be granted," said Yandri.

Yandri added that the DPP PAN will also consider other factors, such as the legislative candidate's track record and potential electability in the future, before providing a recommendation.

"DPP PAN wants to ensure that the legislative candidates who submit PHPU cases to the MK are people who have integrity and commitment to fight for the people's voice," said Yandri.

By being selective in providing recommendations, DPP PAN hopes to assist the MK in resolving PHPU cases fairly and objectively.

Disputes over Legislative Election Results: Nasdem Prioritizes the Party Court, the Constitutional Court is Ready to Receive Applications

Secretary-General of the Nasdem Party, Hermawi Taslim, emphasized that the resolution of internal disputes between legislative candidates (caleg) will be focused through the Nasdem Party Court. Meanwhile, for disputes involving legislative candidates from other parties, Nasdem will follow the applicable rules by submitting an application to the Constitutional Court (MK).

"We have a strong internal mechanism for resolving disputes between Nasdem legislative candidates. The Nasdem Party Court will be the main forum for resolving this issue," explained Hermawi.

Based on MK records, in the 2019 Legislative Election (Pileg), there were 261 cases of election result disputes filed by 20 political parties. Of this number, only 13 applications were granted, while the rest were rejected (82), not accepted (122), withdrawn (10), and dismissed (34).

Applications for election result disputes can be rejected by the MK if the applicant or the application does not meet the formal requirements. In addition, the MK also has the right to reject the application if the arguments presented are not legally justified.

The registration period for election result disputes begins when the KPU determines the results of the national vote recapitulation. Applicants have 3 x 24 hours after the KPU's determination to file an objection. The MK then has 30 working days to examine and decide the case.

Thus, Nasdem demonstrates its commitment to resolving internal disputes internally. On the other hand, the MK is preparing to receive applications for disputes over the 2024 Legislative Election results and ensure that the resolution process runs according to the rules and deadlines set.