Jakarta, Election Supervisory Board - The new authority given in Acts No.8 of 2015 concerning the Election of Governors, District Heads, and Mayors to Election Supervisory Board Province and Election Supervisory Committee (Elections committee) in the district/city to resolve the dispute the election process must be carried out with fulfill responsibility. Supervisory Committee are reminded to continue to maintain election integrity in handling the dispute whose decision is final and binding.
"The integrity must be maintained, do not try to play cheating", said Leader of Election Supervisory Board RI, Endang Wihdatiningtyas at the opening of the National Working Meeting Supervision Stages election of Governor and Deputy Governor, Regent and Deputy Regent, as well as the Mayor and Deputy Mayor at the Golden Boutique Hotel , Jakarta, Saturday (6/6).
Related to disputes of the electoral process, Endang said that on June 3 previously, the General Election Commission (KPU) has sent a letter to the Supreme Court (MA). In the letter the KPU asked for confirmation on the restriction of the object of dispute the State Administration, the order is limited to the issue of determination of candidates only.
"If previously we look at the legislation, it is right there are some things that can be the object of State Administration dispute, as long as it forms a KPU decision. This appeal was dated June 3. It may be that there has been no response (from MA), "he explained.
On the other hand, continued Endang, there is a state from MA to Election Supervisory Board related to dispute the election process. MA stated that the KPU, Provincial KPU and Regency/City KPU can apply dispute to the High Court of State Administration (PTTUN). This means that the KPU cannot make an appeal against the decision Election Supervisory Board Provincial and Elections committee Regency/City. The MA also stated in his fatwa Election Supervisory Board RI cannot resolve the existing dispute resolution or Elections committee Election Supervisory Board Province District / City.
"So it was only at the PTTUN," he said.
Fatwa MA also stated that the provisions of Article 144 paragraph (1) Act concerned about Regional Election should be interpreted thoroughly elections associated with a whole chapter in the third part of the dispute between the participants and the election of a dispute between the participants and the organizers of the election. Thus, the decision of the Election Supervisory Board Province and decision of Regency/City Supervisory Committee on election dispute resolution is final and binding.
"That decision a quo has executorial value that is equal law must be implemented by the parties to the dispute," Endang said.
Former Member of Election Supervisory Board Provincial Yogyakarta said, Fatwa MA also clearly stated that only the decision of the KPU which detrimental to the candidate can be filed the lawsuit in PTTUN. "This means that if the decision issued Election Supervisory Board cannot be the object PTTUN," he said. If later there are pair of candidates who apply to the KPU but is not set as the selection of participants, they can submit the dispute to Election Supervisory Board Provincial or Elections committee District/City within the scope of his election.
"From the four points I will be remind, if the KPU letter to the MA met, meaning that becomes the object of dispute PTTUN just candidacy only. Instead, disputes shall be final and binding would increase its object. Well, this is what I say that we should really seriously, "he said.
Therefore, Endang asked that the competence or capacity of the dispute settlement Election Supervisory Board Provincial and Elections committee District/Municipal improved. He said it was important that the authority can be run properly.
Author : Muhtar
Editor : Haryo