UI Constitutional Law Lecturer Declares The Importance Of Amicus Curiae In The PHPU Decision For The 2024 Presidential Election

- UI Constitutional Law Lecturer Titi Anggraini in the Trijaya Polemic live broadcast: (photo: dock.)

JAKARTA - University of Indonesia's Constitutional Law Lecturer Titi Anggraini said amicus theft or a court friend contributed to strengthening the judge's confidence in making evidence-based decisions in disputes over the results of the general election (PHPU) or the 2024 election dispute.

"So amicus theft is relevant to be discussed, because he can contribute to strengthening the judge's confidence in making decisions based on evidence," Titi said in a live broadcast of the Trijaya Polemic: Waiting for the Constitutional Court's Decision which was monitored online from Jakarta, Saturday, April 20.

He explained that the panel of judges of the Constitutional Court before arriving at the verdict would certainly build arguments, rationality, logic and legal reasoning that formed the conclusion of the verdict.

"This is so that we can analyze more proportionally regarding the Constitutional Court's decision regardless of the typology of the decision which will be granted, rejected, not accepted," he said.

According to Titi, the variant was granted, whether it was granted completely or only partially. Therefore, the panel of judges at the Constitutional Court is asked to pay attention to the values and sense of justice in society. This is because the judge in making decisions is based on his evidence and beliefs.

He considered that the evidence was a contributor to how the judge drew the common thread between data, facts, information, events and so on. So, it reaches the belief that the decision was either rejected or granted.

"If it is not accepted, it seems impossible, because this is related to the formal legal standing requirements and so on," explained Titi.

Previously, Friday, April 19, the Constitutional Court (MK) stated that it would read out the decision on the 2024 Presidential Election Result Dispute (PHPU) case on Monday, April 22, 2024 at 09.00 WIB in the second floor courtroom of the Indonesian Constitutional Court Building, Jakarta.

Based on the schedule stated on the official website of the Constitutional Court, the constitutional judge will read out the verdict for the presidential election dispute filed by Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud Md simultaneously on the same day.

"Monday 22 April 2024, Let stand WIB, Speech of Decisions," reads the trial schedule quoted from the official website of the Constitutional Court in Jakarta, Friday.

The lawsuit filed by Anies-Muhaimin was registered with Case Number 1/PHPU.PRES-XXII/2024, while the Ganjar-Mahfud lawsuit was registered with Case Number 2/PHPU.PRES-XXII/2024.

As for the petition, the Anies-Muhaimin and Ganjar-Mahfud pair basically asked the Constitutional Court to cancel the KPU Decree Number 360 of 2024 concerning the Determination of the Results of the 2024 Presidential and Vice Presidential General Elections.

They also asked the Constitutional Court to disqualify the Prabowo Subianto-Gibran Rakabuming Raka pair as participants in the 2024 presidential election. Then, asked the Constitutional Court to order the KPU to re-vote for the 2024 presidential election without including Prabowo-Gibran.

The trial for the examination of the 2024 presidential election dispute case has been held from March 27 to April 5. Then, the parties in the case submitted a conclusion of the trial to the Constitutional Court on April 16.

Meanwhile, from April 16 to 21, the constitutional judge held a judge's deliberation meeting (RPH) to decide the case.

"The petitioner's argument, the facts of yesterday's trial, were discussed until the 21st (April), including the drafting of the verdict," said Head of the Legal and Administrative Bureau of the Constitutional Court Fajar Laksono when met at Building I MK RI, Jakarta, Wednesday 17 April.

In addition, he said electronic devices are not allowed in the RPH. "I think yes (electronics are not allowed in the RPH) to minimize something unwanted, there is a mechanism that we apply, so that it is closed and confidentiality is guaranteed," he said.

In the midst of this process, the public has volunteered to be friends of the court or amicus theft. In this regard, the Constitutional Court emphasized that only amicus theft was received until April 16, which would be investigated by constitutional judges.

The PHPU for the 2024 presidential election is handled by eight constitutional judges. The Constitutional Court ensures that there will be no deadlock in decision making.

Fajar explained, in the event that there was a draw between the constitutional judges: four to four, the decision was made based on the position of chairman of the plenary session, namely the Chief Justice of the Constitutional Court Suhartoyo.

"When making decisions, yes, generally, yes, the Chief Justice of the Constitutional Court (chairman of the trial) if indeed the Chief Justice of the Constitutional Court is at the panel of judges' deliberations," Fajar said in Jakarta, Thursday, April 18.