Government Fully Supports KPU Appeals Decision of Central Jakarta District Court
By: Alexander Joshua Galen )*
The Government of the Republic of Indonesia (RI) fully supports the Indonesian KPU to appeal the decision issued by the Central Jakarta District Court (PN) to postpone the 2024 Election. The appeal was made by the Indonesian KPU precisely so that all processes and stages of the Election can run according with plans and schedules to comply with applicable regulations.
In order to be able to continue to welcome the success of holding a democratic party in Indonesia, namely with the General Election (Election) in 2024, the General Election Commission (KPU) emphasized that all stages of the Election will continue. In fact, following the decision issued by the Central Jakarta District Court (PN) which is currently underway, the KPU continues to ask all levels of election organizers down to the regional level to remain obedient to what has been agreed, namely to continue the stages of the 14 February 2023 simultaneous elections .
The existence of the Decision from the Central Jakarta District Court did not even affect the KPU’s consistency in continuing all stages of the 2023 Election until appealing the decision.
Regarding this matter, KPU RI member Idham Holid stated that all fellow election organizers, even in the regions, were not at all affected by the PN’s decision, because his party, through the chairman of the KPU RI, had confirmed that they would appeal. Furthermore, he added that even though the Central Jakarta District Court had decided on the Prima Party with regard to the civil decision against the RI KPU defendant not to carry out the remaining stages of the 2024 election, all regional KPUs would still carry it out.
This is because indeed all stages of the election are carried out in a timely manner and according to the rules. Idham then also explained that indeed the dispute over the election process itself had been regulated in Article 467 paragraph (1) and Article 470 paragraph (1) of the Election Law. The article also regulates that the institutions capable of intervening in the election administration process are Bawaslu and Administrative Court, but it does not at all explain that the District Court has authority over this matter.
With the firmness possessed by the Indonesian KPU to continue carrying out the entire process of election activities according to plan and schedule, the President of the Republic of Indonesia (RI), Joko Widodo emphasized that the Government of Indonesia also remains committed to continuing to carry out the elections which will take place in February 2024. .
In fact, according to the President, from all the series that have been running until now, he argued that the decision from the Central Jakarta District Court should in no way be an obstacle to the activities of having a people’s party which is held every 5 (five) years.
The commitment of the Government of Indonesia to continue to support the holding of the General Election so that it is in accordance with the schedule and rules is indeed very high, in fact this is also shown by the existence of a budget preparation that has been carried out properly by the Government.
Not only does it have a strong commitment to continue carrying out all the implementation processes and stages of the 2024 Election, but the government also firmly supports the Indonesian General Election Commission (KPU) to be able to take legal steps against the Central Jakarta District Court’s decision regarding the Prima Party lawsuit.
It should be noted that previously the Panel of Judges for the Central Jakarta District Court itself had decided to grant the claim from the Prima Party for the KPU to postpone the remaining stages of the upcoming 2024 Election, for approximately up to 2 (two) years 4 (four) months 7 (seven) days.
Support so that the Indonesian KPU could appeal the decision of the Central Jakarta District Court was not only provided by President Joko Widodo, but also by the Coordinating Minister for Politics, Law and Security (Menko Polhukam), Mahfud MD. According to him, the decision from the Central Jakarta District Court that sentenced the KPU to postpone the election was a form of the judges’ lack of understanding of the classification (taxonomy) of legal knowledge.
He added that not only him, but all expert judges also considered that the decision made by the Central Jakarta District Court was a big mistake. How could it not be, the article regarding the implementation of the General Election itself is not at all the authority of the District Court, so it is clear that the Central Jakarta District Court Decision cannot be implemented.
Mahfud MD also explained that regarding the issue of election results is the authority of the Constitutional Court (MK), then when it comes to the initial election process it is the authority of the State Administrative Court (PTUN) or the Election Supervisory Body (Bawaslu).
The KPU RI firmly stated that they were appealing the decision issued by the Central Jakarta District Court which sentenced the election stage to be postponed first. The appeal made by the KPU is an effort to continue to guard the creation of democratization and ensure the implementation of a democratic party in Indonesia, so that the Government of Indonesia continues to fully support the appeal.
)* The author is a contributor to Suara Khatulistiwa