Tue, 27 Apr 2004

Court reminds aggrieved parties to keep abreast of hearings

Muninggar Sri Saraswati, Jakarta

The Constitutional Court has reminded all political parties contesting the legislative election to keep abreast of all dispute hearings involving them, as they cannot argue against whatever rulings that may arise.

"Our rulings are final and binding. Therefore, we call on all political parties to follow the hearings of any case filed against them as it will affect them," Constitutional Court President Jimly Asshidiqie said.

He said the court's rulings were like a zero-sum game, in which a party would lose a legislative seat if an opposing party secured it.

"However, before we issue a ruling, we need to listen to arguments from both the KPU and the political parties involved. Therefore, all political parties must prepare evidence, written documents and witnesses for any hearing involving a dispute over election results," Jimly said.

Parties are allowed to challenge the election results three days after they are announced by the General Elections Commission (KPU). The commission is expected to publicly announce the outcome on Wednesday at the latest.

Fellow justice Mukhtie Fadjar reminded all political parties to prepare their evidence from now.

Jimly and Mukhtie invited political parties so they could be briefed on the legal procedures to settle disputes over the election results.

However, the court's nine judges and dozens of assistants and staffers outnumbered the invitees, as only eight parties sent representatives. Only the Social Democratic Labor Party (PBSD) and the Indonesian Democratic Vanguard Party (PPDI) sent their chairmen.

The Golkar Party, National Mandate Party (PAN), Crescent Star Party (PBB), Reform Star Party (PBR) and the United Development Party (PPP) were represented by lower-ranking executives.

It was the second meeting in as many weeks between the Constitutional Court and the political parties that saw a low turnout.

In Monday's meeting, most party representatives complained about the process of the legislative election, which was dubbed "the most democratic Indonesia has ever had, but full of violations."

The party representatives asked whether the court would take into account the violations when it heard disputes over the election result.

Jimly promised the justices would be professional, fair and impartial.

The settlement of disputes over election results was made possible following last year's establishment of the Constitutional Court, which is granted the authority to hear judicial review cases, disputes involving election results and the impeachment of a president.

Patrialis, a legislator on Commission II for law and home affairs, said he was optimistic the Constitutional Court would be able to settle the cases, including large ones.

"I'm sure we all understand that we must accept the court's ruling as it is final and binding," he said.

However, Muchtar said it should be people who decide whether to accept or reject the ruling.

"We don't know whether it will work but we will file a complaint against the KPU," he asserted.