The Constitutional Court Launches Online Trial Services, Legislative Candidates Do Not Need to Come to Jakarta

Legal Literacy - The political cost of becoming a legislator is quite high, and is even suspected to be higher in the 2024 Election. This forces legislative candidates to dig deep into their pockets, especially to secure a seat in the DPR (People's Representative Council). This cost does not include the cost of defending votes if there are lawsuits in the Constitutional Court (MK).

For legislative candidates outside Jakarta, transportation and accommodation costs are an additional burden. For legislative candidates who lack funds, the MK provides a solution. Candidates who want to file an election result dispute online through http://simpel.mkri.id. After that, the applicant only needs to send a copy of the application (in triplicate) along with evidence to the MK office in Jakarta. Details can be found in MK Regulation Number 2 of 2023 (Attached below)

Legislative Candidates Can Register Legislative Election Disputes Online to the MK, There are 43 Minicourts Throughout Indonesia

Although legislative candidates can register legislative election disputes independently to the MK, they need a letter of recommendation from the general chairman and secretary general of their party. Legislative candidates may seek their own legal counsel, in coordination with the party's legal team.

After registering, legislative candidates can attend online hearings via Zoom Meeting or the minicourt provided by the MK at 43 campuses throughout Indonesia. This facility was created so that legislative candidates do not need to go to Jakarta and incur a lot of costs.

Online Hearing Facilities at the MK are Available to All Parties

Online hearing facilities at the MK are not only intended for legislative candidates, but also for the respondent (KPU), providers of information (Bawaslu), and witnesses. This makes it easier for them to provide information and present witnesses from the regions.

Fajar Laksono Suroso, Spokesperson for the MK, ensured that the MK will provide the same treatment to all hearing participants, both those who attend physically at the MK and online. The MK has prepared officers to assist with technical matters and oath administrators at the minicourt.

Coordination with the rectors and deans of the campus organizing the remote hearing has also been carried out to ensure the smooth running of the trial process.

The Network Becomes a Challenge

The MK acknowledges that in the remote trial process, there are often obstacles related to unstable internet connections. In addition, there is a problem when hearing participants use the Zoom Meeting application and run out of internet data quotas. To overcome this problem, the MK has prepared a minicourt prepared by the technology and information team to ensure that a more stable internet connection can be used by the parties involved in the trial process.

Rules of Conduct for All Parties

Fajar emphasized that for parties who want to use online hearings, it is important to continue to comply with the rules of the hearing. He recalled the early days of using the Zoom Meeting application during the Covid-19 pandemic, when many hearing participants did not understand the rules of the hearing. This caused funny but disruptive incidents.

"Some wore inappropriate clothing, some lawyers did not wear robes. Some were smoking or eating and drinking. They were then reprimanded by the judge and asked to leave. This shows the importance of complying with the rules of the hearing, even in a virtual courtroom," he said.

This experience encouraged the MK to take a new step. Before the hearing begins, hearing participants will be asked to enter the link provided by the MK about 30 minutes beforehand. The MK IT team will check the readiness of the parties who will attend the hearing, including testing the sound to ensure that the sound is clear, and asking hearing participants to find a quiet location.

"Those who are driving will be asked to stop. There was a case where someone attended a hearing from inside a car, which was similar to someone attending a webinar. Usually, they will be asked to stop and find a conducive place. Previously, there was also a case where an applicant who was a laborer attended a hearing while a demonstration was taking place. He sat at the demonstration site. People moved around him, and some looked at the screen. This emphasizes that this hearing is a formal hearing, not just a webinar," said Fajar.

This shows that the MK will ensure that hearing participants in the virtual room comply with the rules of conduct for the smooth running of the trial process. Technical aspects that support the smooth running of the trial will be given great attention.

Easy Access to MK Hearings: Making it Easier for People Throughout Indonesia

The MK has provided easy access for the public to attend hearings. Since 2012, the MK has facilitated remote hearings through campuses in provincial capitals throughout Indonesia. This facility allows the public to attend hearings without having to come to Jakarta.
The philosophy behind this online hearing is to ensure that everyone throughout Indonesia has equal access to the MK. The MK realizes that the Indonesian territory is very large and not everyone is able to come to Jakarta to attend hearings.

With online hearings, people can save costs and time. They only need to come to the vicon location (now called minicourt) closest to their domicile. Or, they can attend the hearing via the Zoom Meeting application.

However, if people want to experience other things such as seeing Monas, Taman Mini Indonesia Indah, or just walking around Jakarta, then they must come to Jakarta directly.

MK Regulation Number 2 of 2023