The Constitutional Court’s (MK) handling of disputes over regional election results (PHPUD) is seen as having undermined the Court’s dignity. This finding is based on a survey by the Setara Institute released in Jakarta on Monday, November 11, 2013.
A total of 79.5 percent of respondents agreed that the Constitutional Court’s (MK) handling of PHPU cases has diminished the dignity of the institution, which was established in 2003. The remaining 20.5 percent of respondents disagreed.
“This indicates that the Constitutional Court’s handling of post-election disputes should be revoked and transferred to another institution,” said Setara Institute Vice Chair Bonar Tigor Naipospos while releasing the survey results.
The large number of cases handled by the Constitutional Court, Bonar continued, has forced the Court’s administration to hold panel hearings in three sessions per day. He assessed this situation as neither efficient nor effective for the Court’s performance.
“So, where should the handling of PHPUD cases be transferred to?” asked Bonar.
A total of 69.2 percent of respondents disagreed with transferring PHPUD cases back to the Supreme Court (MA). Only 30.8 percent of respondents agreed with this idea.
The majority of respondents (51.9 percent) instead proposed the establishment of a specialized judicial body to handle PHPUD cases. They believe that with the creation of a new institution, the handling of PHPUD cases can be carried out with greater focus.
The Constitutional Court’s handling of PHPUD cases stands in stark contrast to its handling of constitutional review cases. A total of 79.5 percent of respondents agreed that the Constitutional Court has handled constitutional review cases well, while only 20.5 percent disagreed.
This survey employed quantitative analysis conducted on 200 respondents who are experts in constitutional law. Of these respondents, 60.5 percent have been involved in cases before the Constitutional Court, either as expert petitioners or as interested parties.
Hendardi, Chairman of the Setara Institute, stated that this survey was conducted to assess the Constitutional Court’s performance over the past 10 years and is not directly related to Akil Mochtar’s arrest by the KPK.
Editor: Caroline Damanik