May 28, 2024

KPU Prepares Itself to Face Election Disputes at the Constitutional Court

Chairman of the General Election Commission (KPU), Hasyim Asy’ari, said that his party had prepared everything for the election results dispute process at the Constitutional Court (MK). According to him, this preparation is also a form of KPU accountability for organizing the 2024 elections.

“As of earlier, the national election results were determined on March 20, 2024, at 22:19.” So from that moment on, for 3X24 hours, election participants who will submit complaints, objections, or disputes regarding the election results starting from that time begin to register with the Constitutional Court,” said Hasyim Asy’ari in a press conference at the KPU Building, Central Jakarta (20/3).

Submissions for General Election Results Disputes (PHPU) are open until three days after the KPU determines the vote count results, referring to the statutory provisions. PHPU registration is open until March 23, 2024. Meanwhile, PHPU submissions apply to disputes over the results of the presidential election (Pilpres), legislative member elections. (legislative elections), and DPD elections.

“That later, after we receive confirmation from the Constitutional Court regarding whether there is a dispute over the election results, if there is an election of what type, that will be the basis for the KPU to move on to the next election stage,” explained Hasyim.

Furthermore, Hasyim explained, regions where there are no PHPU cases at the Constitutional Court can immediately proceed to the next election stage. The next stage is determining the number of seats for the elections to the provincial Regional People’s Representative Council (DPRD) and district/city DPRD. However, if there are still cases that must be examined through the Constitutional Court trial process, then this stage cannot be carried out yet.

“So we have to wait for positive confirmation that the election results in the sense of the votes are recognized, which will be the basis for carrying out the conversion at the next stage into winning seats and electing candidates,” he added.

For your information, based on Article 475 Paragraph 3 of Law Number 17 of 2017 concerning Elections (Election Law), the limit for resolving PHPU disputes for presidential elections is no later than 14 days from the receipt of the objection request by the Constitutional Court. Meanwhile, for PHPU legislative elections, the Constitutional Court has a maximum of 30 days to decide the dispute after the dispute file is registered with the Constitutional Court.

Furthermore, the Constitutional Court is required to convey its decision regarding the PHPU presidential election to the People’s Consultative Assembly (MPR), the president, the KPU, the presidential-vice presidential candidate pairs, and political parties or combinations of political parties. Later, the KPU is also obliged to follow up on the Constitutional Court’s decision regarding the PHPU for the presidential and legislative elections. []