Arsul Sani Is Allowed To Attend The PPP Legislative Election Dispute Session, But Cannot Break The Case

Constitutional judge Arsul Sani gave a press statement after being officially inaugurated by President Joko Widodo at the State Palace, Jakarta, on Thursday (18/1/2024). (ANTARA)

Constitutional Justice Arsul Sani continues to attend the 2024 Pilleg General Election Result Dispute (PHPU) trial related to the United Development Party (PPP), but he will not participate in deciding the case.

"It was informed that Mr. Arsul Sani's position will continue to attend the trial, but will not use the right to decide," said Constitutional Justice Saldi Isra as Chair of Panel 2 of the 2024 PHPU Legislative Election Session at Building II of the Constitutional Court (MK) RI, quoted by ANTARA, Monday, April 29.

Saldi said Arsul Sani would not use the right to decide on the application submitted by PPP or other cases that made the party bearing the ka'bah as the relevant party.

"He will not investigate later if there is an in-depth session later," he said.

He explained that Arsul Sani continued to participate in the trial because to fulfill the quorum of the panel trial at the Constitutional Court. "If he does not participate, it will cause the forum or quorum of judges in each panel to be insufficient," said Saldi.

Furthermore, the Head of the Legal and Administration Bureau of the Court as well as Spokesperson for the Constitutional Court Fajar Laksono explained that the decision was taken at a panel of judges (RPH).

"In the Constitutional Court Law, the panel consists of at least three constitutional judges. So if it is less than three, then the panel cannot convene," Fajar said when met at the Indonesian Constitutional Court I Building, Jakarta, Monday.

Arsul Sani, explained Fajar, had indeed sent a signal that he would not participate in the trial of cases related to PPP. However, the Constitutional Court in the RPH decided that Arsul Sani would participate in examining the case, but not participate in making decisions.

"If we talk about the technicalities, if we don't try it, the panel becomes only two, it's not fulfilled. Later, we will look for a replacement for the constitutional judge, of course, waiting for the other panels to be completed. The considerations may also be considered by the Constitutional Court," he added.

It is known that before being elected as a constitutional judge, Arsul Sani was a member of Commission III of the DPR RI, Deputy Chairperson of the MPR RI, and administrator of the DPP PPP. Arsul was proposed by the DPR as a constitutional judge replacing the retired Wahiduddin Adams.

The Constitutional Court began holding a preliminary examination of the 2024 PHPU Pilleg case on Monday morning. The trial for the examination of the case was divided into three panel of judges consisting of three constitutional judges.

The first panel consists of Suhartoyo as chairman, as well as Daniel Yusmic Foekh and Guntur Hamzah. The second panel consists of Saldi Isra as chairman, as well as Ridwan Mansyur and Arsul Sani. The third panel consists of Arief Hidayat as chairman, as well as Anwar Usman and Enny Nurbaningsih.

For case distribution, panel one examines 103 cases, while panel two and three examine 97 cases each. Sessions with a preliminary examination agenda will be held until May 3, 2024.