Legal Literacy - This article will provide a fundamental and clear understanding of the General Election Results Dispute (PHPU).
Introduction
In the discussion about general elections (Election), it is unavoidable to explain the significance of the concept of democracy, which is closely related to it. Democracy, etymologically, comes from Greek, namely "demos" which means people, and "kratos" which means government or power.
Thus, in a simple sense, democracy can be defined as a system of government in which power is in the hands of the people collectively, not centered on one individual (monarchy) or a small group (oligarchy). Currently, the concept of democracy is increasingly developing and is often considered to have a similar meaning to a republic.
To implement the principles of democracy in running a country's government, it is impossible to involve all citizens directly. Therefore, the country chooses its representatives in government with the hope that they can create conditions that are beneficial to the people. A government that strives for the interests of the people is an ideal desired by society.
In an effort to realize these democratic principles, a special election mechanism is needed so that the elected government can represent the aspirations of its voters. The concept of general election (Pemilu) was born as part of the development of democracy theory and a government election mechanism that represents the voice of the people.
The implementation of these elections often leads to disputes over the election results. The same thing is also experienced by Indonesia. Disputes over the results of general elections are an inevitable phenomenon in Indonesian political dynamics.
General Election Results Dispute (PHPU) in Indonesia
Disputes over the results of the General Election, in accordance with the provisions of the 1945 Constitution, are resolved through Constitutional Court, as stipulated in Article 24C of the 1945 Constitution in conjunction with Article 10 of Law Number 8 of 2011 concerning amendments to Law Number 24 of 2003 concerning the Constitutional Court.
Here are the things you need to know about the Election Result Dispute Procedure in Indonesia
1. Definition
Article 1 Paragraph (3) of the Constitutional Court Law explains that an Election Result Dispute Application is a request submitted in writing to the Constitutional Court regarding disputes over the results of general elections. Further details regarding this matter are regulated in Constitutional Court Regulation (PMK) Number 1 of 2016 concerning Guidelines for Proceedings in Cases of Disputes over the Results of Elections for Governors, Regents, and Mayors; PMK Number 2 of 2016 concerning Procedures in Cases of Disputes over the Results of Elections for Members of the House of Representatives and Regional House of Representatives; PMK Number 3 of 2018
concerning Procedures in Cases of Disputes over the Results of Elections for Members of the Regional Representative Council; and PMK Number 4 of 2018 concerning Procedures in Cases of Disputes over the Results of Elections for President and Vice President.
2. Contents of the Petition
At a minimum, in submitting a case to the Constitutional Court, the existence of three important elements that must be included in the application is required. These three elements are the formal and material requirements of an application. In the context of general election result disputes (PHPU), applications related to PHPU must also contain these three elements in accordance with the provisions of Article 31 paragraph (1) of the Constitutional Court Law, namely:
- Identity of the Applicant and the Respondent being addressed
- Description of the matter that forms the basis of the application as referred to in Article 30 (Posita/Fundamentum petendi)
- the matters requested to be decided (Petitum)
The identity of the parties is a formal requirement of the application. Meanwhile, the posita and petitum are material requirements of the application.
Article 75 of the Constitutional Court Law stipulates the mandatory matters to be stated in an application for Election Result Disputes (PHPU), which are
"In the application submitted, the applicant is obliged to clearly describe:
a. Errors in the vote count announced by the General Election Commission and the correct vote count according to the Applicant; andb. A request to annul the vote count announced by the General Election Commission and to determine the correct vote count according to the Applicant."
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