By : Ananda Prameswari )*
The DKI Jakarta High Court (PT) officially granted the appeal submitted by the General Election Commission of the Republic of Indonesia (KPU RI) against the decision of the Central Jakarta District Court (Jakpus), which in the decision ordered the KPU to stop the implementation stages of the upcoming 2024 General Election (Election) and start over from scratch.
If, for example, the 2024 election is postponed as claimed by the Prima Party, it is clear that there will be legal uncertainty in Indonesia. Not only that, with an election schedule that is certain and in accordance with the constitution, it is able to ensure that the circulation of leadership at various levels, starting from the national to the regional level can run according to the time as well.
During the trial at PT DKI Jakarta which was held on Tuesday, April 11, 2023, the Chief Judge, Sugeng Riyono decided that his party had accepted an appeal from the appellant, namely the Indonesian KPU.
With the granting of the KPU’s appeal request by PT DKI Jakarta, then automatically the decision from the Central Jakarta District Court Number 757/pdtg/2022 dated March 2, 2023 is cancelled.
Not only did it accept the appeal made by the KPU RI regarding the decision from the Central Jakarta District Court, but PT DKI Jakarta also granted the KPU’s exception by stating that the Central Jakarta District Court simply did not have the competence to adjudicate a case regarding elections. as proposed by the Prima Party some time ago.
Apart from stating that the Central Jakarta District Court simply does not have the authority to handle electoral matters, PT DKI Jakarta also emphasized that the lawsuit filed by the Prima Party against the KPU to postpone the 2024 general election is completely unacceptable.
Meanwhile, responding to how the appeal lawsuit filed by the KPU was received and granted by PT DKI Jakarta, Chairman of the Indonesian KPU, Hayim Asy’ari said that with this latest decision, it means that the 2024 elections will go according to plan and also scheduled schedule.
Furthermore, he also considered that PT DKI Jakarta’s granting of the KPU’s appeal request was tantamount to realigning the judicial pathways in the country in seeking election justice, so according to him the decision indeed had great wisdom.
How could it not be, because the lesson learned from the PT DKI Jakarta decision was able to re-align that indeed those who have the authority to decide cases in seeking election justice are not the authority or competence of the general court or district court.
Rather, it is the authority of the Election Supervisory Body (Bawaslu), the State Administrative Court (PTUN) and the Constitutional Court (MK) to decide on this matter.
Thus, Hasyim Asy’ari then added that the decision by PT DKI Jakarta also stems the possibility of lawsuits from many other parties regarding cases of unlawful electoral actions that were taken through the general court route as was done by the Prima Party which wanted to postpone the election.
Even though it is very clear, even though it was carried out through the efforts of the general judiciary and trials, postponement of elections has clearly violated the mandate of the constitution which is explicitly written that elections in Indonesia should be held every 5 (five) years. Moreover, in fact it is not arbitrary for a judicial institution to immediately postpone an election if they really do not have the authority at all.
On another occasion, the Coordinating Minister for Politics, Law and Security (Menko Polhukam), Mahfud MD highly appreciated the decision made by PT DKI Jakarta which had granted the appeal lawsuit from the Indonesian KPU on the decision of the Central Jakarta District Court which won the Prima Party lawsuit.
Not only giving his appreciation to the KPU and to all Indonesian people because it turned out that the 2024 Election democratic party could be carried out according to schedule, the Coordinating Minister Mahfud also advised the KPU to be much more careful in the future so that the same thing does not happen, namely lawsuits like the one that was filed by the Prime Party.
So, with this decision from PT DKI Jakarta, according to the Coordinating Minister for Political, Legal and Security Affairs, now all parties should be able to concentrate on making more efforts to support the success of the 2024 Simultaneous Elections which will be held on the upcoming 14 February 2024.
With so many bad effects if the 2024 election series is postponed, the KPU RI is really trying to be able to carry out this democratic party on schedule. Then now, PT DKI Jakarta has granted certainty about the 2024 elections which are on schedule, which has granted the KPU’s appeal against the lawsuit filed by the Central Jakarta District Court.
)* The author is a contributor to the Media Room Contributor
