Jakarta (ANTARA) – Researcher at the Association for Elections and Democracy (Perludem) Kahfi Adlan Hafiz said there is a glimmer of hope for future elections in the Constitutional Court’s verdict on the 2024 Presidential Election Results Dispute (PHPU) case.
“I think there is indeed a glimmer of hope in the verdict. There are some corrective suggestions, this is often in practice at the Constitutional Court and we also see dissenting opinions from Constitutional Court judges,” Kahfi said at the Launching of Monitoring Results of the Presidential and Vice Presidential Election Dispute at the Constitutional Court in the Cikini area, Jakarta, Wednesday.
The Constitutional Court judges gave a number of recommendations in considering the verdict of the 2024 Presidential Election PHPU case, one of which was for Bawaslu to have standard requirements as well as a sequence or analysis knife to determine how an event is considered to meet material requirements or not.
In addition, three MK Judges, namely Saldi Isra, Enny Nurbaningsih, and Arief Hidayat gave a dissenting opinion which basically stated that the Constitutional Court should order a re-voting in several regions.
According to Kahfi, the dissenting opinion proved that there was indeed a very fundamental debate in the discussion at the Constitutional Court’s Consultative Meeting of Judges (RPH).
The presence of different opinions is also an advancement in the history of handling PHPU presidential election cases. Previously, there had never been a constitutional judge who gave a different opinion in a similar case decision.
“If we compare, for example, with disputes over election results in all types, presidential, legislative, regional elections, previously there was no dissenting opinion. This is the first time,” he said.
Kahfi explained that the dissenting opinion was inseparable from the substance of the application submitted by the applicant. In the 2024 Presidential Election PHPU application, there is substance about the state’s failure to provide equal space for candidates for the presidential and vice presidential elections.
“It is very natural that in the Constitutional Court’s decision there is a dissenting opinion. It records how the atmosphere in the Constitutional Court and the atmosphere of debate are fundamental,” he said.
He also urged the public to guard a number of corrective suggestions submitted by constitutional judges for future evaluation.
“That is what we must guard together so that this becomes an evaluation and then we can make this a recommendation to evaluate the electoral legal framework,” he added.
On Monday (22/4), the Constitutional Court ruled on two disputes over the 2024 presidential election submitted by Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud Md. The verdict reading session was led by Chief Justice Suhartoyo.
In its ruling, the Constitutional Court rejected both requests. According to the Court, the petitions of the two camps were not well-founded according to the law in their entirety.
In their petition, Ganjar-Mahfud and Anies-Muhaimin essentially asked the Constitutional Court to cancel KPU Decree Number 360 of 2024 concerning the determination of the results of the general election for president and vice president in 2024.
They also asked the Court to disqualify the Prabowo Subianto-Gibran Rakabuming Raka pair as participants in the 2024 presidential election. Then, they asked the Constitutional Court to order the KPU to conduct a re-vote of the 2024 presidential election without including Prabowo-Gibran.
This article was published on Antaranews.com with the title “Perludem: There is a glimmer of hope in the Constitutional Court’s decision for the PHPU Pilpres”, https://www.antaranews.com/berita/4073229/perludem-ada-secercah-harapan-dalam-putusan-mk-untuk-phpu-pilpres