Deputy Chief Justice of the Court: The Importance of Synergy Between Law Enforcement

The series of Technical Guidance on the Procedure Law for Settlement of the General Election Results Dispute Year 2019 for Advocates of Force II which has been held for 3 (three) days was closed by the Deputy Chief Justice of the Aswanto at the Pancasila and Constitutional Education Center, Bogor, Saturday (01/26/2019) .

Before closing the activity, Aswanto said that advocates were also law enforcement officers. “For us, law enforcement officers are not only police, not only prosecutors, not only judges but advocates are also part of law enforcement,” said Aswanto.

For this reason, continued Aswanto, the Constitutional Court also built synergies with all law enforcers including advocates. This is so that fellow law enforcers have the same perception. “So that later we can run the Pileg and Presidential Election trials smoothly,” he explained.

In addition, Aswanto also explained that when an advocate submits a request to the Constitutional Court, he must uphold the philosophical values which have become the birth of an advocate profession. “If we read the philosophy of birth of an advocate, who is an advocate in the context of religion is a kiai, in the martial arts organization is temperature. So, the advocate profession is temperature-tempered who understands all legal aspects, “he explained in remarks before the bimtek participants.

While the Secretary General of the Indonesian Advocates Association (PERADIN) Fuadi Hartono, expressed his gratitude to the MK who always held this event. “I am very grateful for providing the facilities and making advocates become MK’s partners to be more professional,” he said. He also said that after the advocates followed the technical guidance, later they could practice the handling of the upcoming 2019 election cases.

Procedure for PHPU 2019

Previously on Friday (1/25/2019), as a series of events, Constitutional Justice Suhartoyo delivered material on Procedures in Resolving Results of Disputes over Election Results of Members of the DPR, DPD and DPRD and the President and Vice President. He said that formal law can enforce the substance that is in material legislation. “Only with the formal law can the substance of legislation be enforced,” said Suhartoyo.

According to him, without the procedural law advocates cannot fight for the rights contained in the material law itself. He said, advocates are jobs that can stand anywhere even though there are ethics that must be limited.

Regarding the application, Suhartoyo explained that the application was submitted in writing in the Indonesian language and signed by the Applicant in 4 copies. Then, the application is submitted by the attorney, the application is signed by the attorney. The application contains, the name and address of the Applicant and / or attorney, e-mail address , and telephone and cellular number, as well as the NIK in accordance with the KTP and the member card for the lawyer as the attorney A clear description of the Court’s authority, legal standing ( legal standing) The applicant, an explanation as the Election Contesting Political Party and candidates for DPR and DPRD participants in the Election, the grace period for submitting an application, the subject of the petition, regarding the error of the vote count determined by the Respondent and the correct vote count, and petitum.

The three-day activity was attended by 160 participants from KAI, PERADIN, and PERADAN … Some of the material presented by several speakers in the event included the constitutional justices, the young court clerks, the IT MK staff, and others. The material presented, namely the Procedure for PHPU 2019; Mechanisms, Stages, and Handling Activities of PHPU 2019; Technique of Preparing Requests for Members of the DPR and DPRD Members and their practices. On Saturday (01/26/2019), the participants practiced the method of compiling the request of the DPR and DPRD Petitioners’ Membership accompanied by a facilitator from the Substitute Registrar, Researcher, and the staff of the Pancasila and Constitution Education Center. (Utami / LA)

Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA