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KPU commissioner says top court decision on election dispute is erga omnes

Tempo - April 16, 2024

Antara, Jakarta – Member of the General Elections Commission (KPU) Idham Holik said that the Constitutional Court or MK's decision on the presidential election dispute, which will be read out on Monday next week, is erga omnes (towards all).

The erga omnes principle is contained in Article 10 (1) of the Constitutional Court Law which states that the Court's decision is final and no legal remedies could be taken against it.

"The Constitutional Court's decision is erga omnes. KPU is obliged to implement the Court's decision on the presidential election dispute that will be read out on April 22, 2024," Idham said in Jakarta on Monday.

Thus, KPU will carry out its obligation under Article 475 (4) of Law No. 7 of 2017, which provides that "KPU must follow up on Constitutional Court's verdict".

Article 24C (1) of the 1945 Constitution of the Republic of Indonesia, stipulates that MK has the authority to try a case at the first and final level and shall have the final power of decision in reviewing laws against the Constitution, determining disputes over the authorities of state institutions whose powers are given by this Constitution, deciding over the dissolution of a political party, and deciding disputes over the results of general elections.

During the 2024 presidential election dispute, the Constitutional Court allows the disputing parties to submit their conclusions.

"We, the panel of judges, agreed that even though this is the last hearing, [MK] will accommodate submissions [from the disputing parties] through conclusions," Chief Justice Suhartoyo said at the end of the last hearing on Friday, April 5, 2024.

Source: https://en.tempo.co/read/1856944/kpu-commissioner-says-top-court-decision-on-election-dispute-is-erga-omne