By : Bagas Adrian Nathaniel )*
Elections every five years are a mandate contained in the constitution that applies in Indonesia and this cannot be postponed at all because it will actually make the democratic system not work properly and even contradict and violate the rules. Appreciation should also be given to the Government who is making maximum efforts to make the Election come true so that it can be on schedule.
The General Election (Election) process itself is a very important matter and indeed it must be held in Indonesia. This is because this nation runs a democratic political system in the process of administering its government, which has become one of the pillars and prerequisites for the continuity of a democratic system is the holding of elections.
The chairman of the General Elections Commission (KPU), Hasyim Asy’ari, also spoke out regarding the busy discourse on postponing the 2024 general elections. He emphasized that it was a mandate from the constitution that elections must be held every 5 (five) years.
Furthermore, he added that the results of joint discussions by Commission II of the Republic of Indonesia House of Representatives (DPR RI), the Election Supervisory Body (Bawaslu), DKPP and also the Ministry of Home Affairs of the Republic of Indonesia (Kemendagri RI) have agreed that voting day for the 2024 elections will be held. on February 14, 2024.
Not only that, some time ago, the Government Regulation in Lieu of Election Law (Perppu) has also been passed into Law (UU) by the Indonesian Parliament. Also included, until now all the stages and processes of the election are also still ongoing.
Meanwhile, recently, after the chaos occurred over the demands from the Prima Party on the KPU to postpone the 2024 elections, the Beringin Karya (Berkarya) Party has filed another claim with the Central Jakarta District Court (PN) to postpone it as well.
Then, regarding the existence of these demands, the KPU Commissioner, Idham Holik immediately responded and emphasized that these demands were very unlikely to be realized. How could it not be, the article is that the Election itself must be held every 5 (five) years and this is already stated in the Law (UU).
He also stressed that actually holding elections once every five years is a mandate and constitution, so of course the postponement of a democratic party cannot be done at all, or if you want to do it, you have to go through a constitutional amendment.
Meanwhile, on the other hand, indeed to amend the constitution is not an easy and fast thing, but must undergo a fairly long process. Just like the demands filed by the Prima Party, the KPU, in dealing with the demands from the Berkarya Party, has also filed a counterclaim.
In fact, Idham emphasized that his party would make every effort to win the lawsuit and had also taken lessons from the previous lawsuit filed by the Prima Party against the Berkarya Party at the Central Jakarta District Court.
On another occasion, Member of the Advisory Board of the Association for Elections and Democracy (Perludem), Titi Anggarini asked the Judicial Commission (KY) to be far more proactive in the Central Jakarta District Court which had asked the KPU to postpone the elections.
Of course, this lawsuit is something that is very capable of causing controversy in the public and also has the potential for a very broad impact, especially regarding practical political interests in Indonesia.
There is a lawsuit against the KPU to postpone the 2024 elections, which clearly violates the constitutional mandate which states that holding a democratic election party must be held once every five years can even be considered as a disturbance to the dynamics of state administration in Indonesia.
It can be said that the decision from the Central Jakarta District Court which won the Prima Party and granted it to sue the KPU to postpone the election is tantamount to an attempt to violate the constitution, and if indeed, for example, the election event is postponed, then this has violated the rules.
Moreover, the Central Jakarta District Court (PN) itself does not have the authority to decide on a problem that occurs in the process of registration and verification of political parties participating in elections as was the case in the Prima Party.
However, if problems occur in the registration and verification of political parties (Parpol) participating in elections, then in fact an objection scheme has been provided through Law Number 7 of 2017 concerning General Elections and indeed can only go through Bawaslu and also the State Administrative Court (PTUN) ).
It is very clear that the holding of elections cannot be postponed at all and indeed must be held every 5 (five) years because this is in accordance with the mandate set out in the constitution. Precisely the attempt to delay the election is something that is contrary to the rules.
)* The author is a Kawiwara Pustaka Contributor
