PHPU: Election Result Dispute Procedural Law

5. Court Ruling

In determining a decision, the Constitutional Court will conduct a Justice Deliberation Meeting (RPH), which must be attended by at least 7 constitutional justices who listen to the results of the justice panel meeting. This RPH is closed to the public. The decision taken through the RPH is carried out through deliberation to reach a consensus by first listening to the legal opinions of the constitutional justices.

The decision regarding the election result dispute will then be read out in a meeting that is open to the public, the substance of which is based on the provisions of Article 57 of Constitutional Court Regulation No. 2/2018 juncto Article 57 of Constitutional Court Regulation No. 3/2018 juncto Article 51 of Constitutional Court Regulation No. 4/2018 juncto Article 47 of Constitutional Court Regulation No. 5/2017, which reads

a. The petition cannot be accepted (niet otvankelijk verklaard) if the petitioner and/or the petition does not meet the requirements;
b. The petition is granted if the petition is proven to be well-founded and the Court subsequently annuls (void an initio) the results of the vote count by the KPU, and determines the correct results of the vote count;
c. The petition is rejected if the petition is proven to be unfounded.

The Constitutional Court's decision is final, and even for PHPU cases, there is no other effort to annul the Constitutional Court's decision.