The Constitutional Court Ensures That The Decision Of The Election Result Lawsuit With 8 Judges Will Not Be Deadlocked

Spokesperson for the Constitutional Court (MK) Fajar Laksono/ANTARA

JAKARTA - Spokesperson for the Constitutional Court (MK) Fajar Laksono confirmed that the decision of the Constitutional Court Justice at the trial of the General Election Result Dispute (PHPU) would not be deadlocked or deadlocked.

The statement is a response to journalists' questions regarding decisions taken by eight Constitutional Justices if the decisions between judges are divided into 4:4.

Currently, there are eight constitutional judges who will handle the PHPU case for the 2024 presidential election, namely Suhartoyo, Saldi Isra, Enny Nurbaningsih, Arsul Sani, Arief Hidayat, Daniel Yusmic P. Foekh, Guntur Hamzah, and Ridwan Mansyur.

Anwar Usman did not participate in handling the PHPU case for the presidential election because it was decided by the Honorary Council of the Constitutional Court that he was not allowed to be involved or involved in examination and decision making in cases of dispute over the results of the presidential and vice presidential elections which have the potential for a conflict of interest.

Fajar explained that the decision-making steps had actually been regulated in Article 45 of the Constitutional Court Law. If there is no similarity of opinion, the first step taken is deliberation and consensus.

"Eight constitutional judges must consult consensus. If it is not achieved, cooling down first. After rolling down, deliberation and consensus will be held again, so deliberation is put forward twice for consensus deliberation," he said as quoted by ANTARA, Tuesday, March 26.

Then, if the second consensus deliberation is not reached, the decision is made with the most votes in accordance with the predetermined rules.

"What if it happens 4:4? Article 45 paragraph 8 states that in terms of the judge's voice as many, the Constitutional Court's decision is the voice in which the chairman of the plenary session is located," he said.

These steps, he said, were already in the law, so there would be no deadlock in determining the verdict.

"So, there is no story about the decision was deadlocked with eight constitutional judges. There must be a decision and it has been regulated in the Constitutional Court Law," he said.

Currently, the Constitutional Court is handling the PHPU case for the 2024 presidential election. Based on the schedule distributed on the official website of the Constitutional Court, tomorrow Wednesday (27/3) a preliminary examination of the PHPU for the 2024 presidential election will be held which is divided into two sessions.

Case one, namely the application submitted by candidate pair number one Anies Baswedan and Muhaimin Iskandar with register number 1/PHPU.PRES-XXII/2024, will be held at 08.00 WIB-completed.

Meanwhile, case two, namely the application submitted by candidate pair number three Ganjar Pranowo and Mahfud Md with register number 2/PHPU.PRES-XXII/2024, will be held at 13.00 WIB-completed.

Then, the stages of the trial examination and the submission of the respondent's answer, information from related parties, and a statement were held on Thursday (28/3).

Next is the trial examination stage held on April 1-18, 2024 and the stage of the pronouncement of the verdict or stipulation will be held on April 22, 2023.