Poll disputes to be tried via video link<\/p>\n
P.C. Naommy, The Jakarta Post, Jakarta<\/p>\n
The Constitutional Court will use videoconferencing to facilitate
\nhearings on election outcome disputes from all across the
\ncountry.<\/p>\n
\"This technology will make our jobs easier and save time in
\nhearing witnesses' testimonies from all across the country,\"
\nConstitutional Court chief Jimly Asshiddique said on Friday.<\/p>\n
Jimly said time constraints were a problem for the court,
\nwhich expects to hear thousands of cases. \"We have so little time
\nwith so much to do\".<\/p>\n
According to the court's practice and administration
\nguidebook, the judges have to settle all disputes related to the
\noutcome of legislative elections within a maximum of 30 days,
\nwhile the period allotted for the resolution of disputes over the
\npresidential elections is only 14 days. The hearing of a case
\nmust commence within three days after it is filed with the court.<\/p>\n
Apropos of the announcement, Jimly was speaking on the
\nsidelines of a videoconference meeting with representatives of
\nthe regional General Election Commissions (KPU), the regional
\nElection Supervisory Bodies (Panwaslu), political parties and the
\nRegional Legislative Councils (DPD) to inaugurate the use of the
\nvideo link ups to be used for long-distance court hearings.<\/p>\n
Indonesia's courts have previously used live video feeds to
\nhear testimony from witnesses living overseas. A videoconference
\nhearing took place almost two years ago at the South Jakarta
\nDistrict Court, when the judge heard testimony from former
\npresident BJ Habibie, who was in Hamburg, Germany, in the
\ncorruption scandal involving Golkar Party leader Akbar Tandjung.<\/p>\n
At the trial Habibie's testimony was admitted by the judge as
\na matter of court record.<\/p>\n
The second such hearing was during the trial of Muslim cleric
\nAbu Bakar Ba'asyir, when the judges heard testimony from several
\nJamaah Islamiyah detainees via a video feed from Singapore.<\/p>\n
In the Ba'asyir case, however, the judges refused to allow
\ntheir powerful evidence to be part of the court record, saying
\nthat there was no legal basis to support the use of such
\ntechnology.<\/p>\n
Asked about the legal basis for the technology, Jimly said
\nthat Law No. 23\/2003 on Constitutional Court acknowledges the use
\nof electronic evidence and long-distance testimony for court
\nsessions.<\/p>\n
Article 3 of this law says that a court session on election
\ndisputes can be categorized as an exclusive issue, for which the
\ntrial should be facilitated.<\/p>\n
Jimly added that during the videoconference, his team also
\nfamiliarized all the participants with what types of cases could
\nbe filed with the court.<\/p>\n
\"Cases on money politics, and vote calculations at polling
\nstations do not fall under our authority. They are under the
\nauthority of the KPU, Panwaslu or the police if criminal
\nviolations are involved,\" said Jimly.<\/p>\n
The complaints which can be filed with the Constitutional
\nCourt are those arising from KPU's announcement of election
\noutcomes. Only political parties and Regional Representative
\nCouncil candidates are allowed to file complaints.<\/p>\n
According to the KPU schedule, the outcome of the legislative
\nelections will be announced between April 26 and April 28. The
\noutcome of presidential election will be announced on July 26,
\nand if a run-off election is required, the announcement will be
\nmade between Oct. 5 and Oct. 12.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/poll-disputes-to-be-tried-via-video-link-1447893297",
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"sponsor": "Okusi Associates",
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