What Is The Decision If The Opinion Of 8 Judges In The 2024 Presidential Election Case Is Considering? This Is The Constitutional Court's Answer

Illustration-(Photo: DOK ANTARA)

JAKARTA - Head of the Legal and Administrative Bureau of the Constitutional Court, Fajar Laksono, explained the mechanism for the decision of the 2024 presidential election dispute trial if the composition of the panel of judges' opinions is balanced or does not produce the most votes in deciding cases. It is known that the Constitutional Court judges who handled the dispute over the results of the general election (PHPU) amounted to 8 people. One judge, Anwar Usman, was not involved in handling the 2024 presidential election case. What is clear, Fajar emphasized that there was no deadlock or deadlock when the judge issued a verdict during the judge's deliberation meeting (RPH). "All institutions taking in decisions cannot be deadlocked, in any court institution including the Constitutional Court," Fajar told reporters, Friday, April 22. Then, if the opinion of the judge who accepts or rejects the application is a draw, the decision will be determined according to the opinion of the chairman of the trial, namely the Chief Justice of the Constitutional Court Suhartoyo. This is stated in Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court. "If the decision cannot be taken with the most votes, then the voice of the chairman of the plenary session determines. Of the 8 constitutional judges, there are 2 different opinions, for example, four-four then which is the decision?" explained Fajar. "In Paragraph 8, Article 45 of the Constitutional Court Law, where the position of chairman of the plenary session is. If it is here, it means that this is the decision, this will be the dissenting. So, there is no deadlock," he continued. The panel of judges at the Constitutional Court (MK) is scheduled to issue a trial decision on the results of the 2024 general election (PHPU) on Monday, April 22. The verdict starts to be read out at 09.00 WIB. Even though on one trial agenda, the verdict was read out separately according to the case registration number, namely the presidential and vice-presidential candidate pair number 1 Anies Baswedan-Muhaimin Iskandar, then presidential and vice-presidential candidates number 3 Ganjar Pranowo-Mahfud MD. The Constitutional Court has sent a letter regarding the schedule of court decisions to all litigants, both presidential and vice-presidential candidates who are the principal of the applicant and their attorneys, the KPU as the respondent, Prabowo-Gibran and their attorneys, along with Bawaslu as related parties. In the petitum of his petition, both Anies-Muhaimin and Ganjar-Mahfud asked the Constitutional Court to cancel the results of the 2024 presidential election and ordered the KPU to re-vote without including Prabowo Subianto-Gibran Rakabuming Raka.

Then, Anies-Muhaimin has an alternative petition petitum, namely to disqualify Gibran as a vice presidential candidate during the re-voting, so Prabowo must look for another vice presidential candidate.