Note of MK to Performance of KPU in General Election of President and Vice President Year 2009

Through its Decision [of] Number 108-109/PHPU.B-VII/2009 dated August, 12 year 2009 in Case Of Dispute Of Result General Election Of Candidate President and Vice President Year 2009, Lawcourt Constitution Republic of Indonesia ( Mahkamah Konstitusi Republik Indonesia/ MK-RI) besides have refused all application which raised by Applicant, that is Couple of Candidate President and Vice President H.M. Jusuf Kalla - H. Wiranto, SH and Couple of Candidate President and Vice President Hj. Diah Permata Megawati Setiawati Soekarnoputri - H. Prabowo Subianto. Have also given note to performance of institute organizer of General election, that is Commission General Election (Komisi Pemilihan Umum/ KPU).

First, MK have given note to KPU which have given power to Attorney General who is then deputized with substitution by Attorney Public Prosecutions ( Jaksa Pengacara Negara/ JPN) in conference of Dispute Of Result General election of President and Vice President (Perselisihan Hasil Pemilu Presiden dan Wakil Presiden/ PHPU).

MK express that require to be considered either by KPU and also Attorney General as receiver of special full power of KPU and then deputized with substitution by Attorney Public Prosecutions (JPN) in conference of PHPU. This Matter, according to Lawcourt, considering that there are difference of position between KPU as organizer of General election which must be neutral and self-supporting in one side and Attorney General on the other hand as direct institution under President, caused by possibility that President of incumbent exactly as applicant in PHPU of President and Vice President which deal with KPU as Requested.

Second, hitting the existence of involvement of International Foundation Electoral Systems (IFES) in course of enumeration of General election of President and Vice President year 2009. Even it is true confessed not yet there are evidence that the foreign aid represent manifestation of foreign interference in management of General election in Indonesia, but that way according to its Lawcourt that the foreign aid future avoided in order not to generate suspicion and bother of neutrality of organizer of General Election.

Third, relate to List of Remain Elector (Daftar Pemilih Tetap/ DPT) of General election of President and Vice President year 2009. Lawcourt express that KPU have proven to do updating of DPT pass duration as determined by Law so that KPU can be assumed to impinge rule of law.

But that way, according to Lawcourt, however change of DPT done by KPU constituted of benefit ground for all party, not aside from to all Couple of Candidate President and Vice President. Therefore, KPU have the justifiable cause (rechtvaardigingsgronden) in releasing policy to innovate DPT pass duration as determined by Law.

Furthermore according to Lawcourt that fickle DPT cannot cause General Election becoming not validate, because existence of benefit ground to importance of agenda citizen and government. However, formally KPU have done collision of procedure and go into effect do not professional as expressed also officially by Body Supervisor of General Election (Badan Pengawas Pemilu/ Bawaslu) in conference of Lawcourt at August, 6, 2009.

Fourth, KPU impress less competence and less professional, and also less is taking care of neutrality and independency image because impressionable by various external pressure. Lawcourt express, "Weakness of KPU as organizer of General Election of President and Vice President whom impressionable by various public pressure, including by all participant of General Election, so that impress less competence and less professional, and also less is taking care of neutrality and independency image."