Removed From Candidates For DPD Members, Irman Gusman Considers West Sumatra KPU's Decision To Be Wrong

Irman Gusman. (ANTARA/Miko Elfisha)

DANDANG - Former Chairman of DPD Irman Gusman gave a response regarding the West Sumatra KPU decision which stated that he did not meet the requirements as a candidate for DPD members for the 2024-2029 period on the Permanent Candidate List (DCT).

Irman said that the West Sumatra KPU misunderstood his legal status on the Judicial Review (PK) decision of his case issued by the Supreme Court dated September 24, 2019.

In accordance with the PK decision of the Supreme Court dated September 24, 2019, the Supreme Court canceled the decision of the Central Jakarta District Court which previously used Article 12 letter b of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2021 concerning the Eradication of Criminal Acts of Corruption, which argued the bribery case.

In the PK decision, the Supreme Court after canceling the decision of the Central Jakarta District Court and retrialing the a quo case by not using Article 12 letter b, but using Article 11 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law no. 20 of 2021 concerning the Eradication of Criminal Acts of Corruption.

Because the Supreme Court in retrialing the a quo case using Article 11 of the Law, the threat of punishment underlying the PK decision is not five years or more, but one year to five years.

Meanwhile, the Supreme Court's decision, in accordance with Article 11, turns out to be three years. Thus, the decision that has been signed or has permanent legal force against him is three years, not five years.

In the PK decision, the Supreme Court also stipulated an additional sentence against Irman Gusman in the form of revocation of the right to be elected in public office for three years and this political sentence has been completed by Irman Gusman from September 24, 2019 to September 24, 2022.

This means that he has finished serving his body sentence for three years and an additional sentence in the form of a three-year political sentence.

So Irman considered that if they had to be punished again with political penalties so they could not participate in the 2024 General Election, then this would mean that the State would punish its citizens without any mistakes being made.

He considered it a violation of the legal principle which stated that there was no punishment without mistakes. At the same time, it means that the West Sumatra KPU has violated its human rights to run in the 2024 General Election.

The West Sumatra KPU's decision, which mistakenly interpreted his legal status, also brought enormous losses, so the West Sumatra KPU had to be legally responsible.

Irman Gusman also assessed that the West Sumatra KPU had mistaken in interpreting Article 182 letter g of Law No. 7 of 2017 concerning its legal status.

His status, which is required in Article 18 paragraph 2 of PKPU No. 11 of 2023, does not conflict with Article 182 letter g of Law no. 7 of 2017 concerning General Elections because Article 182 letter g is meant to require a penalty of 5 years or more, while the Supreme Court's decision against Irman Gusman does not use Article 12 letter b of the Anti-Corruption Law which requires a penalty of 5 years or more, but uses Article 11 which requires a criminal threat of 1 year to 5 years.

Article 182 letter g of Law no. 7 of 2017 also contains an exception clause which says 'except openly and honestly conveys to the public that the person concerned is a former convict.'

With this exclusion clause, he should be excluded from the restrictions in Article 182 letter g in question because he has announced to the public that he is a former convict, through the issuance of three volumes of books entitled "Investigating the Truth that has been widely circulated in the community".

Irman Gusman has also announced to the public his status as a former convict through a statement from the Head of the Sukamiskin Bandung Prison and a Statement Letter from the Prosecutor's Office and news in the mass media.

Thus he should be excluded from the restrictions in Article 182 letter g above, because all elements of exception referred to in Article 182 letter g have been fulfilled.

According to him, the West Sumatra KPUD's decision has also brought material and non-material losses.

Previously, the West Sumatra KPU stated that Irman Gusman did not meet the requirements to be appointed as a candidate for members of the West Sumatra electoral district DPD within the DCT.

This follows up on the Letter of the Indonesian KPU Service Number 1096 regarding the Follow-up to the Supreme Court's Decision.

Through this letter, the Provincial KPU was ordered to guide the Supreme Court Decision Number 28 of 2023 during the preparation period of the DPD Permanent Candidate List.