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Session II CACCJ: Panelist From Germany bombarded Questions and Feedback

Rabu, 14 Juli 2010/ 09:35:00 (Dibaca : 0 kali )
Jakarta, Constitusional Court Online - Discourse interesting appears on the second day of the conference (or the third day the whole series) CACCJ, Wednesday (14 / 7) morning. Discourse is the use of electronic devices and computers in general election (voting computers), or commonly referred to as e-voting. Discussion about e-voting were posed by the delegation of the Constitutional Court of the Federal Republic of Germany, Judge Rudolf Mellingholf, when speaking at a second session, first part. He delivered a paper titled "The Permissibility of The Use of Computers In Voting Democratic Elections." Mellingholf revealed, although the idea of e-voting is an interesting idea and would probably Manjadi "trend" in the future, but the German Federal Constitutional Court decided to declare that e-voting against the constitution. This is based on the consideration that e-voting was contrary to the principle of public disclosure is a fundamental cornerstone of the constitution in the context of upholding democracy and rule of law. In other words, continued Mellingholf, the use of voting computers or e-voting to be declared unconstitutional only when all the processes and tools used can be controlled by any person without having to have knowledge and expertise of information technology. Until recently, the use of e-voting allows the closure of the right of people to oversee the vote counting process because it is done automatically by a computer, so that only known by computer experts or IT only. This condition, he said, will affect the 'transfer' the legitimacy of the voters to elect (ruler). Not to mention, the use of e-voting is very susceptible to abuse and error. Because the error caused by the program or the threat of certain parties who may intervene in computing systems used during the election. He also pointed out several cases in countries that use e-voting or the like which have been fatal to the outcome of the election. "From Macedonia, an official CIA report, the so-called 'Voters genocide', namely the Albanian minority have been digitally removed from the list of voters 'only' through a simple command: delete! Hacker in Georgia did the opposite, they made additional voter names on the list, which of them had died in the 18th century, "he explained. Against such an explanation, at least three participants of the conference provides the questions and responses. Among these are the delegates from Indonesia, the Philippines, and Malaysia. "We plan to use e-voting. Of course the condition does not compromise the essence and the principles of elections, "said one delegate from the Philippines. The second session was moderated by the first part of Prof. Thontowi Jawahir, apart from Germany, delegates from several countries also expressed his paper, namely the President of the Constitutional Council of Morocco, Mohammed Achargui and President of the Constitutional Court of Colombia, Mauricio Gonzalez Cuervo. Session II, Part Two In session II, the second part, acted as moderator was Dr. Sigit Riyanto. While the speaker is Vice Chairman of the Constitutional Court of Uzbekistan, Bakhtiyar Mirbabaev; Members of the Constitutional Council of Cambodia, Penn Thol; Mexican Court Judge election, Constancio Carrasco Daza, as well as Justices of the Supreme Court of Venezuela, Arcadio Delgado Rosales. The theme the same as in the second session of the first section, namely "Typical problems and shortcomings in law and practice". In this session, the discussion remains focused on the conversation about how interaction between the regulatory practices associated with the election in every state. In addition, the paper also discussed the issues and interesting cases related to elections. One of the interesting is what is conveyed by the delegation of Mexico, Judge Daza, he submitted, to address election problems, the Mexican authorities set up special institutions to complete. "This is motivated by the Mexican state that has many provincial and municipal administration so that the frequency of elections very often, both national elections mapun local elections," he said. (Dodi / Koen)