Majority of parties file complaints over polls

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Constitutional Court received on Saturday 131 complaints linked to the April 5 legislative election.

Twenty-two of the complaints were filed by political parties, one by an alliance of political parties and the rest by individual candidates for the Regional Representatives Council (DPD) from across the country. Most of the cases revolve around disputes over the ballot counting.

Contrary to general perception, Constitutional Court chief Jimly Asshidiqie said, the complaints were not limited to minor political parties.

"All parties, including those which managed to meet the electoral threshold for the next elections, filed complaints against the KPU's decision," he said, referring to the General Elections Commission.

A party or a coalition of parties had to win 3 percent of the seats in the House of Representatives or 5 percent of the popular vote for the House to meet the electoral threshold.

Seven parties have passed the threshold, including the Golkar Party, the National Awakening Party (PKB), the Indonesia Democratic Party of Struggle (PDI-P), The Democratic Party, the United Development Party (PPP), the National Mandate Party (PAN) and the Prosperous Justice Party (PKS).

After the court registers a complaint, a panel of three judges will hear the case. All complaints must be heard within 30 days of being filed. However, decisions must be taken by all nine judges of the court.

If the case is simple, Jimly said, the court may issue a decision after only two hearings.

Complaints have been filed by 23 of the 24 parties, or their legislative candidates, that contested the elections. The lone exception was the Indonesian Nahdlatul Community Party (PPNUI).

"Most of the parties accuse the KPU of being unfair in the ballot count, resulting in a loss of votes for them," Jimly said.

According to the law, the Constitutional Court can only hear cases that involve the result of the elections.

Jimly said the Constitutional Court might not hear all of the 131 complaints filed with it, because some did not meet administrative requirements.

"For example, the case filed by the alliance of parties. According to the law, the case is only eligible (to be heard by the court) if it is filed by a party. We will be firm (in enforcing the requirements) because we have informed parties of them on numerous occasions," he said.

Each case filed with the court must be accompanied by 12 documents, including evidence.

The exception is for DPD candidates, who are allowed to file complaints via facsimile and send in the original documents at a later date. The court made this exception because it assumed not all DPD candidates around the country would have been informed of the procedures, Jimly said.

This is the first time the Constitutional Court will resolve disputes over election results. This was made possible by last year's establishment of the Constitutional Court, which has the authority to hear, among others, judicial review cases, disputes involving election results and impeachment cases.