Laughter in the MK Courtroom, from Trapped Jokes to Demonic Voices
Not only is it serious and tense, the atmosphere of election dispute hearings at the Constitutional Court can also be ridiculous. Like what?
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It was 07.59 WIB when Constitutional Justices Saldi Isra, Ridwan Mansyur, and Arsul Sani entered the hearing room for the dispute over the results of the legislative general election in Constitutional Court Building, Jakarta, Friday (3/5/2024). Saldi, who was appointed as chairman of panel 2, immediately began trials for the eight cases that had been scheduled to take place in the first session that morning.
Before starting the trial, Saldi asked all parties involved in the case to introduce themselves. The introduction began with the lawyers of the plaintiff in each case, the defendant or the General Election Commission (KPU), related parties, and the Election Supervisory Board (Bawaslu). The trial eventually began even though some lawyers from the plaintiff and KPU were not present.
However, when the panel was about to examine case number 78 or the second case, suddenly one of the petitioner's attorneys interrupted the panel, "Excuse me, Your Honor."
Saldi also asked who asked for this permission.
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After being given the floor to speak, Heriyanto, the legal representative of legislative candidate for the People's Representative Council from the West Papua electoral district (dapil) of the Kebangkitan Bangsa Party, Sius Dowansiba, also responded. "May I ask for permission, Your Honor, on behalf of the petitioner 117, Your Honor. I apologize for being late, Your Honor," he said.
Saldi immediately reminded him not to be late again because the trial had already started and the time was 08.17 WIB. "You can't be late anymore, okay? If we are always late, it will be difficult for us. "Then you'll be trapped, use push-ups," he said.
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The legislative general election results (PHPU) dispute hearing at the Constitutional Court which has been taking place since Monday (29/4/2024) always starts at exactly 08.00 WIB. Three panels, each led by Chief Justice of the Constitutional Court Suhartoyo, Deputy Chief Justice of the Constitutional Court Saldi Isra, and Constitutional Justice Arief Hidayat always start the trial by taking attendance of all parties present.
Then you can't be late again, okay? If we are always late, it will be difficult for us. Later, when you are trapped, use push-ups
Not only from the applicant's side, but also Constitution Judge Saldi pays attention to the legal counsel of the respondents for each of their cases. He is very observant in examining the legal counsel of the General Elections Commission (KPU) for each case. This includes if there are cases where the legal counsel from the KPU have not yet appeared in court.
"There is still one number that does not have its authority, case number 88 from the KPU. Not yet, right? Hopefully it will come soon. If it's a bit late from the commissioners, their honor can be reduced," joked Saldi, followed by laughter from the parties present in the courtroom.
A relatively similar situation occurred in panel 3 led by Constitutional Justice Arief Hidayat. If Saldi reminds the party who is late to push-up, Arief has a different punchline. "In Konoha, they are shot dead if they are late," said Arief.
He always reminds all parties not to frequently enter and leave the courtroom. If anyone needs to use the toilet, it should be done one by one and not simultaneously. He also emphasizes the importance of limiting the frequency of these actions.
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Half an hour later, suddenly someone asked permission. "Permission, Your Honor," said one of the attorneys.
Arief also asked, "What?"
"Permission to leave," said the attorney.
"Oh yes. Just surprise (make you surprised). "I thought it was a riot," said Arief while laughing, followed by the other trial participants.
Feeling amused because a lawyer asked permission to leave the courtroom while interrupting the trial process, Arief then explained. “Permission is enough to just bow your head. No need to talk. It's like elementary school students only get permission. It's surprising," joked Arief.
Perhaps Arief understands that he will be overwhelmed if every trial participant who leaves the room asks for permission by interrupting the trial. Especially since the number of trial participants is relatively high. If they interrupt one by one, he will have to respond to so many requests for leaving the room.
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It's a different story when a judge needs to use the restroom. If the complainant's legal counsel, the accused party, the relevant party, or the Bawaslu are allowed to use the restroom during the hearing, the trial will continue, but if a judge needs to use the restroom, the hearing will be immediately suspended.
"The parties involved, both the applicant, related parties, and respondent. There is an indispensable need. Because they have to go to the restroom. And, catheters are not provided in the hearing. Therefore, they have to go to the restroom. So, the hearing was suspended for five minutes," said Arief as the clock showed 2:59 pm WIB.
Stealth voice
Constitutional Justice Arsul Sani also did not miss out on issuing a punchline during the trial. As a result, the atmosphere of the trial, which lasted an average of three hours in one session, became fluid. Disputes over legislative election results to compete for the final seats at various legislative levels are ultimately far from scary.
The shift in vote share has become the main theme in the legislative PHPU trial which has been held since the beginning of last week. Most of the petitioners argued that there was a shift in votes that occurred during the counting at the sub-district level.
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Sometimes, applicants justify that certain parties receive hundreds of additional votes, including taking votes from other applicants. However, when asked where exactly these additional votes come from, the applicants are unable to explain.
An incident like this occurred during the trial of case 78 on Friday morning (3/5/2024). At that time, Constitutional Judge Arsul Sani, who is astute, tried to clarify the argument for the shifting of votes.
"Applicant, could you provide a clarification here? In table one that you presented on page 6 of the application, Perindo gained an additional 772 votes, while Golkar decreased by 11. Now, my question is, do you know where this 772 figure came from? Because the only deduction made was just 11, unless we know where the 772 came from. Do you know the data?" asked Arsul.
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The attorney for the Golkar Party, Albertus, was confused. "You'll see the evidence later, Your Honor."
Arsul asked again, "Do you not know at this time?"
"Yes, we will attach the evidence," said Albertus.
Arsul didn't lose his words. He continued, "Because if this isn't taken from here, then there must be a supernatural voice. Right, isn't it."
Albertus was only able to agree with Arsul's words.
The opportunity was also utilized by the former Deputy Chairman of the Unity and Development Party to remind the applicant and their legal representative to be able to explain the shifting of votes that occurred, the origin, and the purpose of the shift.
On a different note, there is the legal representative of case 123, Hanfri Pieter Poae. He is the legal representative of a legislative candidate for the Fakfak Regency Regional Council from the Perindo Party for Fakfak 3 Electoral District.
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Hanfri, with a fiery voice, explained that there has been an increase in votes for several parties in the Fakfak 3 electoral district, including Perindo which received 36 votes for candidate number 1. Hanfri acted as the legal representative for candidate number 3.
Simple language
According to Hanfri, a Perindo legislative candidate who received the overflow of additional votes, he is still a sibling of the Chairman of the Election Commission (KPU) of Fakfak Regency. "It's a pity if our democracy is made like this. Especially in Papua, His Majesty. This game is too cruel," he said.
"The language is simple. The important thing is that the information is given to us, right? "Say what's good, that's how it is, OK," said Saldi.
“Yes, Your Majesty. "Because changing the plan is very dangerous," said the attorney.
Saldi patiently advised, "Yes, it has been conveyed."
Hanfri also mentioned that the KPU of Fakfak Regency is too agile. They can distribute votes evenly to several parties, but Hanfri claims to have found such practices.
Meet admirers
It turns out that the legislative dispute resolution hearing can also be a means to meet admired people. This occurred to Najamuddin, the legal representative of the Prosperous Justice Party, during the hearing on Thursday (2/5/2024) in panel 2.
"But, in principle, Your Honor, from the bottom of my heart, I personally am an admirer of Professor Saldi Isra," said Najamuddin in the midst of reading his request.
Apart from Saldi, Najamuddin also admitted to being impressed and often seeing Constitutional Judge Arsul Sani. "I often watch him in the Provincial DPRD's Commission III," said Najamuddin, mistakenly referring to Commission III which should be the DPR Commission III.
On panel 2, which is led by Arief, there was another incident on the same day during a session where there was a microphone tug-of-war or people trying to speak over each other between the principal applicant, Masturoh (from the Nasdem Party), and her legal representative, M Daud, in case number 266.
Since the beginning, Daud has been more dominant in speaking and conveying requests during the dialogue with the judge. In the midst of the dialogue between Arief and Daud, suddenly Masturoh turned on the microphone and said, "May I, Your Honor."
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Arief then asked who would speak because both the principal and legal representatives turned on their microphones at the same time. "Why are they all on, who will speak?" Arief asked.
Upon hearing that, Daud explained that the principal would convey the actual incident experienced to the judges. Masturoh then spoke, given 1 to 2 minutes by Arief. They alternated with Daud, who then read the petition request.
This moment cannot be separated from Arief's joking. According to him, if they both report the event together, it will be like a singer duet. "If it's a duet, it will be like Lyodra and you later," joked Arief with a big smile.
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Even though the Constitutional Court is the last resort for political parties and legislative candidates to seek justice, hearing disputes over legislative election results is not always scary. Constitutional judges through various punchlines are able to make serious trial situations less boring.