Member Of Commission II Of The DPR Proposes To Create A New Institution If The Constitutional Court Is Unprofessional In Managing The Pilkada Dispute

JAKARTA - Member of Commission II of the DPR Mohammad Toha asked the judges of the Constitutional Court (MK) to be professional and maintain integrity in handling the 2024 Pilkada case.

If the Constitutional Court is unable to handle the Pilkada dispute, Toha proposes to form a new institution that specializes in handling electoral matters.

"The more complaints to the Constitutional Court the better, meaning that the public is aware of the law, protesting through the correct legal corridor, namely the Constitutional Court, thereby reducing demonstrations that are at risk of destroying public facilities and casualties," said Toha, Friday, December 20.

For information, until now the Constitutional Court has received 308 applications for regional election disputes since it was opened on November 27, 2024. Of the total registered applications, as many as 21 applications are a lawsuit resulting from the election of the governor (Pilgub).

Meanwhile, the request for a dispute over the election of regents and deputy regents was recorded at 238 applications. Meanwhile, the application for dispute over the election results for mayors and deputy mayors was recorded at 49 applications.

The plan is for the trial process for the regional election dispute to begin in January 2025. After this, the Constitutional Court will be in the public spotlight. All attention will be paid to the Constitutional Court.

Toha reminded that the Constitutional Court must work professionally in handling regional election cases. Because constitutional judges are required to maintain integrity in carrying out their duties. Of course, according to him, there will be many temptation and pressure on the judges.

"That's where the integrity of constitutional judges is tested. The public expects a lot from the Constitutional Court. They want justice from the Constitutional Court. The Constitutional Court is the last hope for candidates who feel cheated," explained the member of the DPR RI for the four periods.

According to the legislator for the Central Java V electoral district, the reputation of the Constitutional Court was at the nadir point. He hopes that the handling of the lawsuit on the results of the 2024 Pilkada will be a valuable lesson for the Constitutional Court to raise its dignity as a high state institution in a constitutional system that holds judicial power together with the Supreme Court.

"In the past, we trusted the transfer of authority to handle regional elections from the Supreme Court to the Constitutional Court, because the Supreme Court was deemed unable to handle regional election disputes," he said.

The former Deputy Regent of Sukoharjo 2000-2009 also reminded that if this trust is not implemented by the Constitutional Court properly, then the authority of the Constitutional Court also needs to be evaluated. Consequently, he said, the Constitutional Court no longer needs to handle regional election disputes.

"We can create special institutions or courts for regional election disputes," he said.

Toha assessed that the bribery case in handling the regional election dispute that occurred during Akil Mochtar's time which caused the chairman to be sentenced to life, had to be a very strong warning for all Constitutional Court judges not to play with fire anymore.

"Remember, legal misappropriation of regional election disputes is also a violation of humanity which is proven to have a very tough sentence," said Toha.

Toha also invited the civil society to oversee the handling of the regional election dispute case at the Constitutional Court. "There should be no more evil conspiracy in handling cases in the Constitutional Court," he concluded.