Flow Sues The Results Of The 2024 Presidential Election To The Constitutional Court And Conditions That Must Be Fulfilled

Illustration of the 2024 (Between) election

YOGYAKARTA The results of the presidential election (Pilpres) can be sued at Mahkama Constitution (MK) if there is evidence of fraud or error. To do so, it is necessary to know the flow of lawsuits from the 2024 presidential election to the Constitutional Court, including meeting the requirements first.

As is known, the determination of the election results in which the results of the 2024 presidential election are contained will be carried out after the vote recapitulation process is complete throughout the country. If in the determination of the alleged error or fraud appears, the results of the presidential election can only be sued to the Constitutional Court.

The 2024 presidential election itself will be held on Wednesday, February 14, 2024. Meanwhile, the vote count by the General Election Commission (KPU) will be held on the same day as the voting day from 14 to 15 February 2024.

After the vote count is complete, the next process is the recapitulation of the vote count which will be held from Thursday, February 15 to Wednesday, March 20, 2024. After that, the next process is the determination of the election results by the KPU officially.

After the determination of the results of the 2024 General Election appears, candidate pairs participating in the 2024 Presidential Election can file a lawsuit to the Constitutional Court if there is fraud or error in the voting process.

It must be noted that the dispute over election results has been regulated in Law Number 24 of 2003 concerning the Constitutional Court (MK). In Article 74 of Law Number 24 of 2003, it is stated that the deadline for applying for election disputes is a maximum of 3x24 hours from the time the KPU has determined the election results.

In addition, it is also regulated in Article 475 paragraph (1) of Law Number 7 of 2017 concerning Elections. The regulation states that candidate pairs can object to the Constitutional Court in the event of a dispute over the votes acquired by the presidential election.

"In the event of a dispute over the vote acquisition resulting from the Presidential and Vice Presidential Elections, the Candidate Pair can object to the Constitutional Court within a maximum of 3 (three) days after the KPU's determination of the results of the Presidential and Vice Presidential Elections," reads Article 475 of the Election Law.

Regarding the lawsuit regarding the determination of the results of the presidential election to the Constitutional Court, the submission can be made if under several conditions, namely as follows.

There is a format for requesting a dispute over the results of the 2024 election that must be fulfilled by the reporter, namely as follows.

In the dispute petition submitted to the Constitutional Court, pairs of presidential and vice presidential candidates are also required to clearly elaborate on several things, namely as follows.

Mahkama Konstitusi akan melakukan pemeriksaan kelengkapan berkas. Setelah semua dinyatakan sesuai maka akan dilakukan registration di Buku Registration Perkara Konstitusi elektronik (e-BRPK).

Meanwhile, the flow of lawsuits for the results of the 2024 presidential election to the Constitutional Court will start from the inaugural trial. The Constitutional Court will hold the first trial of dispute no later than four days from the time the application is registered. The trial was conducted with an agenda for checking the completeness and clarity of dispute material and ratification of evidence.

After that, the KPU will provide an answer to the objection submitted by the applicant. Meanwhile, candidates for candidate pairs of presidential and vice-presidential candidates provide information including rebuttal as parties involved in the dispute. In the trial process, the Election Supervisory Body (Bawaslu) was also present to provide information.

The trial will then go to the evidentiary agenda. In the trial, witnesses will also be presented, either from the applicant, KPU, or other related parties. Each party is also allowed to present expert witnesses to strengthen the arguments submitted.

Referring to Article 78 of the Constitutional Court Law, the Constitutional Court's decision relating to the request for a dispute over the results of the presidential election must be decided no later than 14 working days starting from the application to be recorded in the e-BRPK.

That's information related to the flow of lawsuits from the 2024 presidential election to the Constitutional Court. Visit VOI.ID to get other interesting information.