PHPU: Election Result Dispute Procedural Law

3. Parties

Regarding the application for disputes over general election results (PHPU), Article 74 Paragraph (1) explains that the Applicants are: a. individual Indonesian citizens who are candidates for the Regional Representative Council participating in the general election; b. pairs of candidates for President and Vice President participating in the Presidential and Vice Presidential elections; and c. political parties participating in the general election.

The provisions contained in Article 74 paragraph (1) of the Constitutional Court Law have led to developments in the Constitutional Court's decisions regarding disputes over general election results (PHPU), in which the considerations explain the legal standing of the Applicant. By elaborating on the Applicant's legal standing in its decisions, the Constitutional Court allows parties in the case to clearly see the reasons behind the Constitutional Court's decision in accepting or rejecting the Applicant's legal standing.

Meanwhile, regarding the Respondent in PHPU, it is regulated in Article 3 paragraph (2) of PMK No. 2/2018. Based on these provisions, the Respondent is the General Election Commission (KPU), which is a national, permanent, and independent election organizing institution.

The related party in PHPU is a person who believes that their interests are related to the Applicant's application. The Related Party in PHPU can be involved in the dispute to strengthen the Applicant's application or to strengthen the decision of the KPU, the provincial KPU, the regency/city KPU, the provincial KIP, the regency/city KIP. However, the involvement of the Related Party in the dispute may also be solely to fight for their interests.

4. Trial Process and Evidence

The trial process in the Constitutional Court will begin after the application from the Applicant is declared accepted by the Registrar of the Constitutional Court, as evidenced by the issuance of the Application File Receipt Deed (APBP), and then registered through the issuance of the Case Registration Deed. In accordance with Article 74 paragraph (3) of the Constitutional Court Law, applications for disputes over general election results can only be submitted within a maximum period of 3 x 24 (three times twenty-four) hours from the time the General Election Commission announces the determination of the general election results nationally.

After the applicant's application is deemed complete and meets the requirements, the Registrar of the Constitutional Court will issue a Case Registration Deed and record it in the Constitutional Case Registration Book (BRPK), then proceed with the examination of the PHPU case, which is carried out through a preliminary examination and a trial examination. The examination of the case is carried out in a Panel Session or a Plenary Session open to the public.

The panel session is an initial stage in the Constitutional Court trial, which is generally conducted as a preliminary examination. Based on Article 28 paragraph (4) of the Constitutional Court Law, the Court is authorized to form a group of panel judges consisting of a minimum of three constitutional justices.

Simply put, the trial examination process is carried out with the following stages:
a. examining the Applicant's Application;
b. examining the Respondent's Answer and the Information of the Related Parties, and/or the Information of Bawaslu;
c. validating the evidence;
d. examining written evidence;
e. listening to witness testimony;
e. mendengarkan keterangan saksi;
f. listening to expert testimony;
g. examining other evidence;
h. examining a series of data, information, actions, circumstances, and/or events that are consistent with other evidence that can be used as a clue.

Each party involved in the trial is requested to present evidence relevant to the case being investigated. The Constitutional Court will give consideration to parties who can present valid evidence. In the context of election result disputes (PHPU), valid evidence usually takes the form of vote count documents, both official versions from election organizers, election supervisors, and witness testimonies. If the authenticity of each document can be verified by the parties concerned, the Constitutional Court will consider the facts revealed in the trial as a basis for formulating a decision.

The trial also provides an opportunity for the parties and witnesses to convey matters related to the case. If the Constitutional Court considers that the trial has been sufficient to render a decision, the Court will set a schedule for the reading of the decision. After the hearing for the reading of the decision, the parties involved will receive a copy of the decision directly from the Registrar of the Constitutional Court.