Central Jakarta District Court Decision Cannot Amend the 1945 Constitution, Government Supports the 2024 Election on Time
Jakarta — The Ministry of Home Affairs (Kemendagri) stated that the decision of the Central Jakarta District Court (PN Jakpus) cannot change the law and also the process of implementing the 2024 General Election.
According to the Director General for Politics and General Administration of the Ministry of Home Affairs, Bahtiar, it is clear that the 1945 Constitution stipulates that elections are held every 5 years.
“The District Court’s decision has no impact whatsoever on the existence of the 1945 Constitution that elections are held every 5 years and so does the existence of the law on Law 7/2017 concerning elections as the legal basis for holding simultaneous elections in 2024,” he explained.
Firmly, he also argued that the Central Jakarta District Court did not have the authority to change the substance of the law.
So that the decisions they issue regarding the stages of the election have exceeded the boundaries and authority of the institution, so it can be said that they have no legal value.
Therefore, Bahtiar continues to support election organizers to carry out all stages of the 2024 election.
“I am of the opinion that the KPU appeals or does not appeal, the election stages will continue, and election organizers may ignore the substance of the PN’s decision regarding the election,” he said.
Furthermore, he also stressed that his party together with Commission II of the DPR would continue to consistently support the timely holding of the 2024 elections.
Because this is a constitutional mandate that cannot be contested.
Meanwhile, the Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD considered that the Central Jakarta District Court had the impression of creating too much sensation with its decision convicting the KPU to postpone the election stages.
In fact, he emphasized for the KPU to be able to appeal and fight against the decision.
“I invite the KPU to appeal and fight it out legally. If logically, the KPU would have won,” he said.
Then he also explained that there was actually no election delay penalty that could be set by the PN.
Precisely the party that can postpone the election is the KPU itself for certain areas that are currently having problems.
“There is no penalty for delaying the election that can be set by the PN. According to the law, the postponement of voting in elections can only be enforced by the KPU for certain areas with problems for specific reasons, not for all of Indonesia,” added Mahfud MD.
If the decision is still executed, even the Coordinating Minister for Political, Legal and Security Affairs admits that the people can reject it massively.
“It must be legally resisted and the people can massively refuse to be executed. Why? Because the right to conduct elections is not a civil right of the KPU,” he said.
On the other hand, President Joko Widodo himself has repeatedly emphasized that the elections will be held according to schedule because the preparation of the budget has even been carried out.
“I have conveyed back and forth the government’s commitment to this election stage going well, the preparation of the budget has also been well prepared,” he said.