Supreme Court issues election case procedures

Tiarma Siboro, The Jakarta Post, Jakarta

The government has agreed to a judicial guideline that allows a single judge to preside over electoral violation trials, to facilitate a speedy legal process during the 2004 general elections.

The decision is one of a series of procedures set up by the government in a guideline issued on Wednesday.

Supreme Court chief justice Bagir Manan said he had issued the guideline to district and high courts nationwide.

A one-judge trial only applies to minor offenses under the existing Criminal Code of Procedures, upon which Law No. 12/2002 on general elections is based. Article 133 of the law stipulates that district courts handle those violations that carry a maximum sentence of up to 18 months' imprisonment, and high courts try violations with a maximum 18-month sentence.

"According to Law No. 12/2002 on general elections, there are three institutions that handle disputes and violations during and after the elections," Bagir said.

Under the law, the Constitutional Commission is to handle disputes on electoral results, the Election Supervisory Committee handles civil and administrative lawsuits and the judicial courts handle criminal cases during the elections.

"Since the 2004 elections will go on for about five months, judges have to hold quick trials so that pending court cases will not delay election results.

"This should be facilitated by brushing aside the existing Code of Procedures. I suggest that we use a single-judge system instead of a panel of judges to handle election cases," he said.

Responding to the possible implications of a one-judge trial on legal status -- as it is usually applied to minor offenses -- he said, "I don't mean to say that violations that may occur during the elections are to be categorized as minor crimes.

"The appointment of a one-judge court will also benefit the courts, because judges don't have to become embroiled in prolonged debates or discussions while drawing up verdicts.

"Of course, the Supreme Court will also issue a separate guideline on the recruitment and training of justices, so that they will be able to anticipate potential disputes and to draw up fair verdicts within a limited timeframe," he said.

The General Elections Committee (KPU) has scheduled the legislative election for April 5 and has planned to organize the two-stage presidential election in June and August next year.