MK Accepts Election Lawsuits Even After the Registration Deadline

4 weeks ago 27

December 13, 2024 | 09:29 am

TEMPO.CO, JakartaConstitutional Court (MK) Chairman Suhartoyo said that the Court will still accept the petition for a lawsuit over the results of the regional head election (Pilkada) even though the petition was registered after the deadline.

"We cannot reject cases," Suhartoyo said, answering a question from ANTARA at the Constitutional Court Building I, Jakarta, Thursday evening, December 12, 2024.

Based on Article 7 paragraph (2) of Constitutional Court Regulation Number 3 of 2024, the application for an election dispute must be submitted three working days after the local KPU determines the election results.

Suhartoyo explained that the Constitutional Court will still accept applications registered after the deadline because the constitutional guardian institution cannot reject cases.

"In principle, the court cannot reject a case. We will still process it. Later the judges will consider whether the application meets the formal requirements," he continued.

He said that the constitutional judges would later determine whether or not the case is canceled after going through judicial action. In this case, the judge will consider certain conditions.

"Special events can then be overridden concerning the formal requirements. So, special events can override formal requirements, but still, case by case, yes, not all of them are like that," explained Suhartoyo.

The Chief Justice of the Constitutional Court also said that the Court had received and continued to hear election dispute cases that were registered beyond the time limit.

"There are several, yes. In fact, some were granted," he said.

Judging from the Constitutional Court's website, the total number of 2024 Pilkada dispute lawsuits registered until 21.00 WIB reached 278 applications. This number consists of 15 requests for disputes over the results of the governor's election, 216 requests questioning the results of the regent's election, and 47 other requests related to the mayoral election.

Referring to Constitutional Court Regulation Number 4 of 2024, the deadline for registering regional election disputes this year is December 18, 2024. This is considering that the last day for the determination of vote acquisition by the KPU is December 16, 2024.

Meanwhile, Constitutional Court spokesperson Enny Nurbaningsih said that the Court will immediately register cases into the Electronic Constitutional Case Registration Book (e-BRPK) and then determine the distribution of panel judges.

The election dispute examination trial is known to be held using a panel session method, with each panel consisting of three constitutional judges.

ANTARA | DEVY ERNIS

Editor's Choice: KPK Supervisory Board Receives 188 Reports of Ethics Violation between 2019 and 2024

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