By: Safira Tri Ningsih )*
The Government of the Republic of Indonesia continues to support the 2024 General Election democratic party so that it can be held on time. This is because in fact the decision from the Central Jakarta District Court could not have an impact on the implementation of the General Election because it was not in accordance with the 1945 Constitution.
The public was stunned by how the controversy resulted from the Decision of the Central Jakarta District Court (PN) Judge asking the organizers of the general election, namely the General Election Commission (KPU) to postpone the stages of the 2024 election.
The decision is a result of the Central Jakarta District Court itself which has granted all civil lawsuits from the Just and Prosperous People’s Party (PRIMA) against the KPU. Then with the lawsuit being granted, the Central Jakarta District Court sentenced the KPU not to carry out the remainder of the Election Stipulations until at least 2 (two) years 4 (four) months 7 (seven) days from the time the decision was read.
The Central Jakarta District Court itself has considered that the KPU has committed an act that is considered against the law. This is because it started with how the PRIMA Party felt disadvantaged by the KPU in verifying the administration of political parties as stipulated in the Recapitulation of Administrative Verification Results for Candidates for Election Contesting Political Parties.
From the results of the verification made by the KPU, it turned out that the PRIMA Party was indeed declared Not Qualified (TMS) and also could not participate in factual verification at all. Then in the lawsuit that was filed, the PRIMA Party itself looked at the types of documents that were previously stated by the TMS, but it turned out that they were also declared Qualified (MS) by the KPU and only a small number of problems were found.
With these different and contradictory results, the PRIMA Party then accused the KPU of not being thorough in carrying out the verification which caused its membership to be declared TMS in as many as 22 provinces.
After the verdict and decision from the Central Jakarta District Court were issued, the KPU then filed an appeal. Many parties later spoke out about the Central Jakarta District Court’s decision.
Regarding this matter, the Director General for Politics and General Administration of the Ministry of Home Affairs (Kemendagri), Bahtiar explained that the decision from the Central Jakarta District Court would not have any impact on the implementation of the 2024 elections. In fact, according to him, the 1945 Constitution of the Republic of Indonesia alone has determined that elections must be held every 5 (five) years. Also included in Law (UU) Number 7 of 2017 (Election Law) has also clarified this. Both have become a very strong legal basis for holding elections simultaneously in 2024.
He is of the opinion that the PN does not have the authority to change the substance of the rules in the Act let alone the Constitution. The decision of the Central Jakarta District Court, he continued, exceeded the limits of its authority so that it was flawed and had no legal value. Therefore, Bahtiar recommends that the KPU continue to carry out the 2024 election stages as agreed with the DPR and the government.
In fact, according to him, whether the KPU makes an appeal or not, the election stages will still be continued, then the election organizers may immediately ignore the substance of the Central Jakarta District Court’s decision regarding the election.
Bahtiar stated that the Ministry of Home Affairs together with Commission II of the DPR would consistently support the successful implementation of the 2024 elections on time. Elections are a constitutional mandate that should not interfere with the interests of certain parties. According to him, in fact the interests of the state are broader and must be prioritized by anyone who administers the state, be it at the executive, legislative or judicial levels. So that the election must not be disturbed by any matter whatsoever, including the potential for interference with legal products.
Meanwhile, the President of the Republic of Indonesia, Joko Widodo also emphasized that the Government continues to be committed to overseeing all stages of the 2024 Election so that it can run well. In fact, he has conveyed this commitment many times because the government has already prepared the election budget.
The President also stated that the Government fully supports the KPU’s efforts to appeal the decision from the Central Jakarta District Court which was indeed very controversial.
On another occasion, the Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD even considered that the Central Jakarta District Court had created excessive sensations in its decision convicting the KPU to postpone the 2024 election stages. He then invited the KPU to appeal and fight hard, besides that, according to legal logic, KPU is sure.
The decision that was issued by the Central Jakarta District Court regarding the postponement of the 2024 elections turned out to have absolutely no impact because they were deemed to have absolutely no authority in this matter and the holding of elections every 5 years is already in the law and constitution in force in Indonesia. Therefore, the Government also continues to support so that all 2024 election events can be carried out on time.
)* The author is Daris Pustaka Contributor
