Legal Literacy - The Constitutional Court (MK) has issued a schedule for handling cases of disputes over general election results (PHPU) for both presidential/vice-presidential elections (pilpres) and legislative elections (pileg).

MK Cuts Case Handling Time from 14 Working Days to 10 Working Days

Based on the schedule made, the MK only needs 10 working days to handle the PHPU pilpres case. This is shorter than the provisions in Law Number 7 of 2017 concerning Elections and Law Number 7 of 2020 concerning the MK which stipulates that the time for resolving disputes over pilpres results is a maximum of 14 working days.

The received applications will be recorded in the e-BRPK (Constitutional Case Registration Book) on March 25, with the note that it will be adjusted to the determination of election results by the KPU. The deadline for resolving General Election Result Disputes (PHPU) cases is 14 working days, calculated from the date the dispute application is registered or recorded in the e-BRPK.

According to Appendix II Constitutional Court Regulation (PMK) Number 5 of 2023 (Attached below), the MK has set a schedule for preliminary examination hearings to examine the completeness and clarity of the application materials and to validate evidence on March 28, 2024. The next hearing will hear answers from the KPU, related parties (candidate pairs who are declared to have won the most votes by the KPU), and informants such as Bawaslu, which will take place from April 2 to April 5 or for four days.

Furthermore, the MK has scheduled a judge deliberation meeting (RPH) and decision making in the period April 8 to April 15. The pronouncement of the decision is scheduled to be carried out on April 16.

Based on the Joint Decree (SKB) of the Minister of Religion, the Minister of Manpower, and the Minister of Administrative and Bureaucratic Reform Number 855, 3, and 4 of 2023 concerning National Holidays and Joint Leave for 2024, dates 8, 9, 12, and 15 are designated as joint leave days.

Thus, if the pronouncement of the decision is still carried out on April 16 as scheduled by the MK, then the institution will only use the 14 working days stipulated by law to 10 working days.

Constitutional Court Regulations Not Yet Synchronized with National Holidays

The spokesperson for the MK, Enny Nurbaningsih, in her confirmation, stated that the schedule listed in Appendix II of PMK No. 5/2023 has not been adjusted to national holidays or joint leave in the context of the Eid al-Fitr holiday. This is because when the PMK was made, there was no clarity as to when the national holiday would fall.

"There has been a discussion, it's just that the revision of the attachment has not been published," said Enny.

Chairman of the MK Honorary Council I Dewa Gede Palguna stated that there is no problem if Appendix II of PMK No. 5/2023 which contains the schedule for handling cases of Disputes over the Results of the Presidential Election (PHPU) is revised. Moreover, the revisions needed are only minor.

According to Palguna, even without revision, the PMK is basically not wrong. This is because the provision of 14 working days is the maximum or longest time limit for the MK to handle PHPU pilpres cases.

However, he also agreed that 14 days to handle disputes over pilpres results is too short. This is due to the wide scope of the case, for example, in the case of presidential elections, the election area covers the entire country and even abroad.

"There is a concern that if the time is too short, not all evidence or arguments can be considered. This could become a new problem," he said.

Constitutional Court Regulation (PMK) Number 5 of 2023