Majority of parties file complaints over polls

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.