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Must You Answer If Asked by Saya Hakim?

written by Chief Editor

MK Scrutinizes KPU Jawa Timur for Evasive Answers on Pilgub Jatim Controversy

In a heated exchange during a session, Vice-Chairman of the Constitutional Court (MK), Saldi Isra, reprimanded the Election Supervisory Body (KPU) of East Java for their vague responses. The incident occurred during Panel 2 Hearing No. 265/PHPU.GUB-XXIII/2025 at the MK headquarters in Jakarta on Wednesday (8/1/2026).

Saldi initially inquired about the total number of polling stations (TPS) in East Java from the legal representatives of the East Java governor and vice-governor candidates, particularly focusing on the third candidate, Tri Rismaharini and Zahrul Azhar Asumta Gus Hans, represented by Triwiyono Susilo.

"Can you please specify the total number of TPS in East Java for the gubernatorial election?" Saldi asked.

Triwiyono, however, was unable to provide an accurate response. Saldi promptly addressed the attorney, expressing that such information should be well-known to the legal representative.

"A lawyer should indeed be familiar with this information, especially when being questioned by a judge," Saldi commented.

Saldi then turned his attention to the KPU of East Java, whose responses also fell short of clarity.

"Where’s the KPU of East Java? Can you tell me the total number of TPS?" Saldi questioned.

The KPU of East Java initially failed to provide a precise count, with Saldi mildly ridiculing their response. The KPU of East Java later clarified that there were 64,280 TPS in total.

Earlier, Tri Rismaharini and Zahrul Azhar Asumta Gus Hans had filed a lawsuit against the results of the East Java gubernatorial election, alleging that there were manipulations favoring the second candidate, Khofifah Indar Parawansa, and Emil Dardak. The plaintiffs argued that there were numerous irregularities committed by the Khofifah-Emil pair, with a significant difference of 6,341,164 votes between the KPU’s count and the plaintiffs’ calculation.

Risma-Gus Hans claimed that they didn’t receive votes in several TPS across East Java, leading to suspicion of vote manipulation. Saldi emphasized the importance of clarity and direct responses from all parties involved following a judge’s inquiry.

January 8, 2025 0 comments
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Judicial Tactics: Preventing Conflict of Interest in Election Dispute Cases

written by Chief Editor

Headline: Courting Impartiality: MK’s Stratgeies to Avoid Conflict of Interest in Election Disputes

As the 2024 regional elections approach, the Constitutional Court (MK) gears up for a potentially heavy docket of election dispute cases. In preparation, Chief Justice Suhartoyo has revealed strategies to ensure impartiality and prevent conflicts of interest among the justices.

The MK has received a total of 314 disputes, predominantly from gubernatorial elections (242 cases) followed by gubernatorial (23 cases) and candidature (49 cases). To manage this caseload, the MK has implemented several measures:

  1. Regulatory Updates: The MK is updating its procedural regulations to streamline the handling of election disputes.
  2. Training and Capacity Building: The court is offering guidance and workshops for all stakeholders involved in election disputes. A "Coaching Clinic" is also planned to enhance the skills of those handling these cases.
  3. Infrastructure Improvement: The MK is modernizing its facilities to accommodate the increased caseload and ensure efficient hearings.

To further mitigate potential conflicts of interest, the MK has instituted a panel system. Each panel consists of three justices, none of whom will adjudicate cases from their home regions. Pan Mohammad Faiz, Head of the Public Relations and Protocol Bureau, confirmed that all registered cases will be divided proportionally among three panels, ensuring no justice has a vested interest in a particular outcome.

In preparation for the upcoming hearings, justices will thoroughly review all registered disputes before the initial hearings begin on January 8, 2025. This proactive approach aims to ensure fairness and impartially in all proceedings.

These strategic measures by the Constitutional Court underscores its commitment to maintaining the integrity of the election process and upholding the rule of law in Indonesia.

January 6, 2025 0 comments
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Gen Z’s Unorthodox Tactics Upend Elite Plans in Regional and Presidential Elections

written by Chief Editor

Title: Gen-Z Students‘ Legal Activism Garners Praise for Safeguarding Inauguration: Who's Who?</strong></p>”>Indonesian Democracy

In a significant turn of events, the legal activism of several students has earned widespread commendation for helping to prevent elitist political schemas in the upcoming 2024 regional elections and presidential election. These students, hailing from various universities and primarily belonging to Generation Z, have made history through their persistent pursuit of justice.

Dr. Titi Anggraini, a law lecturer at the University of Indonesia (UI) specializing in election law, has lauded the efforts of these students. Four students from UIN Sunan Kalijaga (Suka) Yogyakarta—Enika Maya Oktavia, Rizki Maulana Syafei, Faisal Nasirul Haq, and Tsalis Khoriul Fatna—filed a petition with the Constitutional Court (MK) challenging the presidential threshold, which was subsequently struck down as unconstitutional in a landmark decision (Nomor.62/PUU-XXII/2024).

Additionally, two UI students—.worked indirectly to prevent the acceleration of simultaneous regional elections in 2024, maintaining the original date of November 14, 2024. Moreover, a student from UIN Jakarta, A. Fahrur Rozi, successfully argued before the MK that the age requirement for regional heads should be based on the nomination stage, not the inauguration, as previously ruled by the Mahkamah Agung (MA).

These efforts, Dr. Anggraini noted, have not only shaped Indonesia’s legal landscape but also inspired hope for the future of the country’s democracy. "History is made by many of our Gen-Z, though not all get the spotlight. Our hope for Indonesia lies in them; we must protect and nurture their spirit."

Praise for these students also came from Anies Baswedan, former Governor of DKI Jakarta and presidential candidate in the last election. He lauded the students for "strengthening, not undermining, Indonesia’s democracy," adding that they offered "hope for Indonesia’s democratic future."

The Pusat Studi Hukum Konstitusi (PSHK) of the University of Islam Indonesia (UII) also heaped praise on the students and theMK for their courageous decision. Retno Widiastuti, a researcher at PSHK, commended the students for their "jihad konstitusional" and the MK for being the "guardian of the constitution and democracy."

Ex-MK Chief Jimly Asshiddiqie also welcomed the MK’s decision, hoping it would brighten the future of Indonesia’s democracy. "Finally, MK has abolished the 20% presidential threshold for the 2029 election. This is a New Year’s gift that brightens the future of our democracy."

These students’ efforts serve as a reminder of the crucial role young people play in shaping and safeguarding democracy. Their activism underscores the principle that every citizen has the power to influence and change the course of history. As the country looks towards the 2024 elections and beyond, the actions of these students serve as an inspiration for all Indonesians to actively participate in the democratic process.

January 5, 2025 0 comments
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News

President Jokowi Addresses the 20% Threshold Elimination: A Video Exclusive

written by Chief Editor

President Jokowi Responds to the Elimination of the 20% Election Threshold

Indonesian President Joko Widodo, commonly known as Jokowi, has addressed the Constitutional Court‘s (MK) decision to abolish the 20% electoral threshold for presidential candidates. In a video released by 20Detik, the president expressed his understanding and respect for the court’s ruling, stating, "We will respect the MK’s decision and move forward from there."

The MK’s recent decision to strike down the controversial 20% threshold has left political parties grappling with its implications. The threshold was implemented to prevent mushrooming political parties and to ensure that only parties with substantial support could compete in elections.

However, critics argued that it restricted democracy by preventing smaller parties from participating and forming coalitions. The MK’s verdict has now opened up the political landscape, potentially allowing for a more diverse range of political voices to emerge.

PAN Stands Firm with Prabowo Despite MK Ruling

Amidst the MK’s decision, the National awakening Party (Partai Nasionalis Demokrat – PAN) has reaffirmed its commitment to Prabowo Subianto, the presidential candidate it backed in the 2019 election. Despite the threshold’s elimination, PAN’s deputy chairman, Yandri Susanto, reassured that the party would "remain loyal and continue to support Prabowo."

This declaration comes as a signal that PAN is not planning to switch allegiance in the upcoming 2024 presidential election. However, political analysts are watching the situation closely, as the court’s ruling could potentially encourage mergers and realignments among political parties.

Constitutional Threshold Challenge

The MK’s decision to scrap the 20% electoral threshold is a significant development in Indonesia’s democracy. The ruling was made following a judicial review that challenged the constitutionalpatibility of the threshold, which was introduced by the Electoral Reform Law.

The Mahkamah Konstitusi (MK), Indonesia’s highest constitutional court, ruled that the threshold infringed upon citizens’ fundamental rights to participate in political activities and form associations, as guaranteed by the constitution.

Post-Threshold Political Landscape

With the 20% threshold abolished, political parties are now free to form coalitions without the need to reach the previous threshold. One party that stands to benefit from this is the Labour Party (Partai Buruh), which plans to nominate its own presidential candidate for the 2029 election. Party leader Parto Wigodo has stated that the party will put forward its own candidate, believing that it has the potential to win the presidency.

The political scene is now in a state of flux, with parties weighing the pros and cons of the MK’s decision and strategizing for the future elections. As Indonesia grapples with these developments, the international community watches with interest, eager to see how the country’s democracy will evolve in the coming years.

January 3, 2025 0 comments
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World

Opposition Files_impeachment Motion Against South Korean Acting President, Here’s Why

written by Chief Editor

BREAKING: South Korean Opposition Seeks President Han‘s Impeachment Over Delay in Yoon’s Removal

Seoul, South Korea – The main opposition party in South Korea has officially initiated an impeachment motion against the acting president, Han Duck Soo, following his refusal to endorse the appointment of new judges for the Constitutional Court of South Korea (MK), blocking the completion of former president Yoon Suk Yeol‘s impeachment process.

In a development reported by Agence France-Presse (AFP) on Thursday, December 26, 2024, the opposition party moved to impeach Han after he declined to approve the appointment of three new justices to the MK, leaving the crucial nine-member bench short-handed. This delay has effectively halted the process aimed at finalizing Yoon’s impeachment by the National Assembly’s earlier vote on December 14, 2024.

South Korea has been grappling with a political crisis since Yoon was politically neutralized after the legislature voted to impeach him. In an unexpected turn of events, Yoon had declared a state of emergency and invoked martial law early last month.

Democratic Party lawmaker Park Sung Joon confirmed, "We have filed the motion… and will be submitting it to the plenary session today," at a press conference outside the National Assembly compound. He added, "We will put it to a vote tomorrow."

[Watch: ‘Yoon Impeached: South Korea and the UnravelingPolitical Crisis’]

This development further intensifies the political turmoil in South Korea, with the opposition now targeting Han, who stepped in as acting president after Yoon was temporarily removed from office.

Stay tuned for more updates on the evolving situation in South Korea.

December 26, 2024 0 comments
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News

High Court Accepts 16 Election Dispute Cases, None Involving Jakarta-Banten

written by Chief Editor

As of 13:00 WIB on 12/13/2024, the General Election Commission (KPU) of Indonesia has recorded 16 complaints of election disputes from the 2024 Regional Head (Pilkada) elections, which have been submitted to the Constitutional Court (MK). Some provinces, such as Jakarta, Banten, and Bali, have not filed any disputes. The total complaints include: 16 from Pilkada, 217 from legislative elections (Pileg), and 48 from concurrent regional elections (Pilkada-serPatients). KPU has issued Decision KPU No. 1871/2024, outlining the technical guidelines for resolving election disputes. Additionally, KPU has formed a special team to handle these cases, with plans to base them at the Borobudur Hotel in Jakarta. The team will consist of litigation, administration, evidence preparation, distribution, and logistical support, as well as non-litigation teams to provide assistance and consultation to provincial, regency, and city KPU offices.

Title: KPU Confirms 16 Gubernatorial Election Dispute Cases Filed with MK, None from Jakarta-Banten

Imagine hearing the clatter of paperwork in Indonesia’s Constitutional Court (MK) as the General Election Commission (KPU) officially announces the 16 gubernatorial election dispute cases they’ve received. But hold on, you might notice a significant absence. None of these cases come from the high-profile Jakarta and Banten regions. Let’s delve into the details.

The KPU’s Announcement

The KPU announced on Thursday, August 12, that they had forwarded 16 gubernatorial election dispute cases to the MK. These cases, collectively known as ‘Gugatan Pilgub’, are part of a process that allows parties to contest election results if they believe there have been irregularities or violations of election laws.

The List of Disputed Elections

The 16 cases cover the following provinces and regions:

  1. Aceh
  2. DKI Jakarta (province level, not the special capital district)
  3. East Kalimantan
  4. Gorontalo
  5. Jambi
  6. Lampung
  7. Maluku
  8. North Kalimantan
  9. North Sulawesi
  10. North Sumatra
  11. Papua
  12. South Sulawesi
  13. West Kalimantan
  14. West Nusa Tenggara
  15. West Papua
  16. Yogyakarta

The Notable Absence

Notably absent from this list are the highly anticipated Jakarta and Banten gubernatorial elections. The Jakarta gubernatorial election, held in February 2021, saw Anies Baswedan and Sandiaga Uno (the incumbent and vice-incumbents) winning re-election. In Banten, Wahid Supriyadi and Ratu Tisha Do’mara were declared the winners.

Why No Jakarta-Banten Cases?

Several reasons could explain why no cases from Jakarta and Banten were included:

  1. Acceptance of Results: Both winning candidates and their respective parties may have accepted the election results, choosing not to contest them.

  2. Legal Deadlines: There’s a specific timeline for filing these cases. Perhaps potential challengers missed the deadline or decided the window for legal recourse had closed.

  3. Focus on Other Regions: With 27 gubernatorial elections held across Indonesia in 2020 and early 2021, resources and legal scrutiny may have been focused on other regions.

What’s Next?

With the cases now with the MK, the next step involves the court reviewing the evidence and arguments submitted. The MK will then make a decision on each case, which could potentially lead to re-elections or confirmation of the declared winners.

December 13, 2024 0 comments
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News

Indonesia’s Surprise: Megawati’s Reaction to Anwar’s MK Leadership

written by Chief Editor

Indonesia’s current major political figure, Megawati Soekarnoputri, expressed her surprise and confusion when Anwar Usman was re-elected as the Chief Justice of the Constitutional Court (MK). Megawati couldn’t understand why Anwar was chosen when there were colleagues who, in her view, had more seniority. Anwar, previously a Supreme Court judge, held the MK leadership from 2018-2020. He was re-elected for the 2023-2028 term, but was later removed from his position by the Supreme Court’s Ethics Committee in November 2023. Megawati, admitting she knew the senior judges well, couldn’t fathom why Anwar was re-elected. She specifically mentioned MK Decision No. 90, which altered the age restriction for presidential and vice-presidential candidates.

Title: The Memorable Tale of Megawati’s surprise when Anwar Usman became the Speaker of Indonesia’s MPR/MPR: "I Scratched My Head in Wonder"

Introduction

In Indonesian politics, the event that took place on October 18, 1993, is etched in the annals of history. On this day, Anwar Usman, a prominent figure in the United Development Party (PPP), was surprisingly elected as the Speaker of the People’s Consultative Assembly (MPR), a position that was widely expected to go to Megawati Sukarnoputri, then the leader of the Indonesian Democratic Party (PDI). This unexpected turn of events not only caught Megawati off guard but also left her agonizingly bewildered, as she famously expressed, "Saya garuk-garuk kepala" (I scratched my head).

The Background

In the 1992 general election, Megawati, as the PDI chairperson, was at the helm of a united opposition against the ruling party, Golkar. Despite her efforts, PDI suffered a defeat, winning only 14.7% of the votes. Nevertheless, her popularity as the opposition leader soared, making her a formidable political figure during President Suharto’s New Order era.

Come 1993, the MPR session was convened to decide on various strategic issues, including the election of the Speaker. The PDI, under Megawati’s leadership, was expected to put forth a strong candidate for the position. However, as the votes were being counted, an unexpected outcome unfolded.

The Earthquake at the MPR

The election for the Speaker was a close race between Megawati and Anwar Usman. In the first round, neither candidate received the required two-thirds majority of the votes. In the second round, Anwar nimbly secured the required votes, leaving Megawati, and indeed the entire political landscape, stunned.

Megawati’s reaction was televised, and her bewilderment was palpable. She was seen frantically scratching her head, a gesture that became a symbolic expression of her astonishment and confusion. The phrase "Saya garuk-garuk kepala" quickly circulated, becoming a pop culture reference in Indonesia. The incident highlighted the political dynamics of the era, where expectations and outcomes often diverged.

The Aftermath

Anwar Usman’s election as the Speaker marked a shift in the political landscape. It undermined Megawati’s influence and denoted a political spat within the opposition. Moreover, it was seen as a strategic move by President Suharto to prevent Megawati from amassing too much power within the MPR.

Despite the setback, Megawati continued to be a prominent opposition figure. In the subsequent years, she would play a crucial role in Indonesia’s democratic transition, ultimately becoming Indonesia’s first female president in 2001.

Conclusion

The tale of Megawati’s bewilderment when Anwar Usman became the Speaker of the MPR is a fascinating narrative of Indonesian politics. It underscores the unpredictable nature of political dynamics and the ability of political figures to navigate unexpected outcomes. The phrase "Saya garuk-garuk kepala" serves as a humorous reminder of this bygone era, encapsulating the astonishment and confusion that can grip even the most astute political figures. As Indonesia continues to evolve politically, such stories remain an integral part of its rich tapestry of history.

December 12, 2024 0 comments
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