The Constitutional Court: Judges may not Interfere with the Evidence of PHPU disputes

Chief Justice of the Constitutional Court (MK) Suhartoyo emphasized that judges must not interfere in the process of proving disputes over General Election Results Disputes (PHPU), both presidential and vice presidential election disputes (pilpres), and legislative elections (pileg). He explained that all evidence would be borne by the parties concerned; the judge could not summon experts in the trial because, in PHPU disputes, the judge had to be passive.

“I emphasize that this cannot be done, so all of this must be brought to trial to be proven by the parties. “You can’t judge girls; it has to be like this; it has to be like this; that’s not allowed,” said Suhartoyo when they met in Bogor, West Java (6/3).

Suhartoyo explained that legislative-presidential election disputes are different from judicial review. In PHPU, there are two parties to the dispute, namely the petitioner and the respondent, while the review of the law in question is the norm of public property law. Proving the arguments must be carried out by the parties to the dispute; according to him, if the Constitutional Court judge interferes, then the judge will be biased.

“The judge must not exaggerate his attitude, then add facts to the trial; the judge’s initiative is already taking sides,” he stressed.

Apart from that, Suhartoyo also said that in preparing the PHPU, his party had carried out simulations and prepared a special task force, which had been arranged in detail. His party also mitigated PHPU by analyzing cases based on requests from previous years. He is confident that the PHPU presidential election issue can be resolved within the specified time.

“God willing, it will be finished. On that day, it seems absolutely limitative. “It’s not negotiable, you know,” he explained.

For your information, based on Article 78 letter a of the Constitutional Court Law, the PHPU presidential election decision is determined no later than 14 working days after the application is recorded in the Constitutional Case Registration Book (BRPK). Meanwhile, the PHPU decision by members of the People’s Representative Council (DPR), Regional Representative Council (DPD), and Regional People’s Representative Council (DPRD) is no later than 30 days after the application is recorded in the BRPK. []