Sat, 03 Jan 2004

Electoral contenders told to be prompt in filing complaints

Kurniawan Hari The Jakarta Post Jakarta

The Constitutional Court warned all electoral candidates that should they dispute the results of this year's elections, all necessary documents should be prepared in advance, as time was limited.

Chairman of the court Jimly Asshiddiqie said his office was preparing guideline for all legislative and presidential candidates and political parties.

"We have to follow the timetable. This is not the time to debate regulations," Jimly said after witnessing the inauguration of A.A. Oka Mahendra, as the court's secretary general here on Friday.

Jimly was referring to the Law No.24/2003 on the Constitutional Court which suggests that individuals or political parties file a complaint no later than three days after the General Elections Commission (KPU) announces the election results.

Article 78 of the law says that the court should deliver its verdict within 14 days after a complaint over the presidential election is registered with the court.

The law also gives 30 days to the court to settle disputes regarding the results of the legislative elections.

The country will hold the general election and direct presidential election on April 5 and July 5 respectively. Only political parties or groups of parties collecting at least five percent of the vote in the general election can nominate presidential candidates.

Among the authorities of the court are to settle electoral disputes, review laws, dissolve a political party and settle a legal conflict between state institutions.

The court also has an obligation to pass judgment over any allegation raised by the House of Representatives (DPR) that the President has committed a wrongdoing.

Jimly underlined that all electoral candidates had to stick to the schedule and regulations, otherwise the country's political agenda would be disrupted.

To save time, however, Jimly said he would allow an individual or party planning to seek the court's intervention to submit their request via e-mail and submit the necessary documents later.

Earlier, there had been suggestions that the court would hold a teleconference for those unable to attend the hearing in Jakarta.

However, after studying the proposal on a number of levels, the court found the idea had several disadvantages.

According to Jimly, the teleconference would only benefit candidates for the Regional Representatives Council (DPD) election who live in remote areas, not presidential candidates and political parties that are based in Jakarta.

Jimly added a teleconference would cost the state about Rp 75 million (US$8,823) per hour. Also, it could also be misused by anyone viewing their time on television as an opportunity for self-promotion.

"We finally concluded that the disadvantages of the teleconference outweighed its benefit," he said.