Perselisihan Hasil Pemilihan Kepala Daerah - Dr. Qurrata Ayuni, S.H., MCDR.

Summary

This video tutorial explains the legal procedures in Indonesia for resolving election disputes related to gubernatorial, regency, and mayoral elections, as outlined in PMK No. 3 of 2024. Key topics include the parties involved in the dispute, the time limits for filing complaints, and the various stages of court hearings. The process also covers the roles of the KPU (Election Commission), Bawaslu (Election Supervisory Body), and the use of evidence in election dispute resolution. The video aims to enhance understanding of the judicial framework for election fairness and transparency.

Takeaways

• 😀 The topic of the video is about the legal procedure for handling election disputes in regional elections (governor, regency, and mayoral elections) in Indonesia, based on the PMK No. 3/2024.
• 😀 The main focus is to understand the legal procedures that ensure fairness and transparency in the election results, particularly in the case of disputes.
• 😀 Three primary learning points include: the parties involved in the dispute, the deadline for submitting complaints, and the trial stages.
• 😀 The parties involved in the dispute include the applicant (either the candidate pair or accredited election monitors), the respondent (KPU), and any other relevant parties who may be affected by the dispute outcome.
• 😀 The object of the complaint is the KPU’s decision on the vote count and the declaration of the elected candidate, rather than the general election results.
• 😀 Complaints must be filed within 3 working days after the KPU’s announcement of the election results, and this timeline is critical to avoid any discrepancies.
• 😀 The trial process includes several stages, such as initial hearings to check the completeness of the complaint, the submission of responses by the respondent (KPU and Bawaslu), and further hearings for examining evidence and hearing testimonies.
• 😀 The trials are open to the public, but there is a private session called RPH (meeting of judges) where decisions and internal deliberations are held away from public view.
• 😀 The Constitutional Court (Mahkamah Konstitusi) plays a significant role in these disputes, with 9 constitutional judges divided into three panels to expedite the process.
• 😀 There is an 'ambang batas' or threshold limit, determining the acceptable margin of votes between the first and second-place candidates in a dispute, which must not be too large to be considered a valid complaint.
• 😀 The Court may order a recount or a re-vote in specific situations, such as errors in the vote count or violations during the vote tally process.
• 😀 The process also involves the submission of evidence (inzage) by the parties, where the evidence is made available for review under the approval of the panel chair and is done during business hours.

Q & A

What is the main focus of the video script?

The main focus of the video is to explain the procedures involved in resolving disputes regarding the results of regional elections (Pilkada), as governed by the PMK No. 3 of 2024, highlighting the judicial process and fairness in election results.

Who can be the parties involved in the election dispute process?

The parties involved in the election dispute process are the petitioners, who may include candidate pairs for governor, regent, or mayor, and accredited election monitors. The respondents are typically the Provincial or Regional Election Commissions (KPU), and the Election Supervisory Body (Bawaslu) provides testimonies or statements.

What is the role of Bawaslu in the election dispute process?

Bawaslu serves as a provider of information or testimony during the election dispute process. It plays a supervisory role, ensuring that the process remains fair and transparent.

What is the object of the petition in the election dispute process?

The object of the petition is the decision made by the respondent (usually the KPU), which includes the official results of the election, such as the determination of the winner, which can influence the declaration of the elected candidate.

What is the deadline for submitting a petition after the election results are announced?

The petition must be submitted no later than 3 working days after the respondent (KPU) announces the election results.

What are the key stages of the election dispute hearings?

The key stages of the hearings include: (1) Panel hearings for preliminary examination, (2) Submission of responses from the respondent and related parties, (3) Main hearings, including the examination of evidence and testimonies, (4) A final decision hearing where the ruling is read aloud in a plenary session.

What is the significance of 'inzage' in the election dispute process?

'Inzage' refers to the process where the petitioner can request to examine the evidence submitted by the respondent and other parties. This process ensures transparency and allows the petitioner to review the materials to support their case.

What happens during the 'Rapat Hakim' (Judges' Meeting)?

During the 'Rapat Hakim' (Judges' Meeting), the judges privately discuss the case, including the analysis and decisions regarding the dispute. This is not open to the public or other parties.

What can be the outcome of the election dispute hearing?

The outcome of the election dispute hearing can include a ruling that either confirms the election results, orders a recount of votes, or mandates a re-vote (Pemungutan Suara Ulang) if serious irregularities are found in the original election process.

What is the 'ambang batas' or threshold in the election dispute process?

The 'ambang batas' is the minimum margin of difference between the winner and the runner-up in an election, which must not exceed a specific percentage. This ensures that only closely contested elections can be disputed, according to the applicable electoral law.