Sitting Case For Determination Of PAW Candidates For Dragging KPU Commissioner

JAKARTA - The General Election Commission (KPU) has revealed the chronology of the appointment of Riezky Aprilia as an elected member of the DPR from the PDIP electoral district (Dapil) of South Sumatra I. Riezky was elected through an interim replacement mechanism (PAW) replacing Nazarudin Kiemas.

KPU commissioner Evi Novida Ginting Manik explained, on September 20, 2018, the KPU determined a final list of candidates for the DPR RI with a final list of candidates for the DPP PDIP Electoral District of South Sumatra I. There were eight candidates, they were Nazarudin Kiemas, Darmadi Djufri, Riezky Aprilia, Diah Okta Sari, Doddy Julianto Siahaan, Harun Masiku, Sri Suharti, and Irwan Tongari.

On March 27, 2019, said Eva, it was known that Nazarudin Kiemas died, and based on this information, the KPU made a clarification to the PDIP DPP through KPU letter Number 671 / PL.01.4-SD / 06 / KPU / IV / 2019 dated April 11, 2019 regarding the Clarification of Candidates for Members of the Indonesian Parliament in the 2019 Election.

Then, on the same date the DPP PDID answered the KPU letter through letter number 2334 / EX / DPP / IV / 2019, which basically confirmed that Nazarudin Kiemas had died according to the death certificate from Eka Hospital on March 26, 2019.

Based on a reply letter from the DPP PDIP and based on the provisions of Article 37 letter d of KPU Regulation Number 3 of 2019 concerning Voting and Counting of Votes in the General Election which stipulates that in the event that there are candidates for members of DPR, DPD, Provincial DPRD and Regency / Municipal DPRD who die or no longer fulfilling the requirements since being appointed as a candidate for members of DPR, DPD, Provincial DPRD and Regency / Municipal DPRD.

"KPPS announces candidates who have passed away or no longer meet the requirements through an announcement board at the TPS, and / or verbally convey to voters before voting is held, and at the time of voting," said Eva, in a press conference, at the KPU Office, Jalan Imam Bonjol, Menteng, Central Jakarta, Friday, January 10.

Then, continued Evi, the KPU through the Head of KPU Letter Number 707 / PL.01.4-SD / 06 / KPU / IV / 2019 dated April 16, 2019 regarding the announcement of candidates for DPR members who did not meet the requirements to inform the KPU of South Sumatra Province that there were candidates on behalf of Nazarudin Kiemas, PDI Perjuangan, Electoral District of South Sumatra I, candidate number 1 has died.

This information, said Evi, was followed up by referring to the provisions of Article 37 of KPU Regulation Number 3 of 2019 and in accordance with the provisions of Article 55 paragraph (3) of KPU Regulation Number 3 of 2019 which stipulates that in the event that the chairman of KPPS finds ballots punched on serial numbers and / or names of candidates for members of DPR, Provincial DPRD and Regency / Municipal DPRD, but the names of these candidates have passed away or no longer fulfill the requirements as candidates and have been announced by KPPS as referred to in Article 37 paragraph (1) letter d, the votes on the ballot papers said. declared valid and become the legitimate voice of a political party.

The name Nazaruddin Kiemas was also removed from the Final Candidate List as stated in the KPU Decree Number 896 / PL.01.4-Kpt / 06 / KPU / IV / 2019 dated April 15, 2019 regarding the Sixth Amendment of the Final List of Candidates for the DPR RI for the 2019 General Election.

In accordance with KPU Decree Number 987 / PL.01.8-Kpt / 06 / KPU / V / 2019 dated May 21, 2019, the results of the PDID vote recapitulation for the Electoral District of South Sumatra I, the votes obtained by Nazarudin Kiemas were transferred to the party, namely 145,752 votes.

Riezky Aprilia won the most votes with 44,402. Then, Darmadi Djufri 26,103, followed by Doddy Julianto 19,776, Diah Okta Sari 13,310, Harun Masiku 5,878, Sri Suharti 5,699 and Irwan Tongari 4,240.

On June 24, 2019 prior to the implementation of the determination of the elected candidates, DPP PDIP submitted a judicial review of KPU regulations (PKPU) to the Supreme Court (MA), namely the provisions of Article 54 paragraph (5) letter k and Article 55 paragraph (3) KPU Regulation Number 3 2019 year.

The Supreme Court decided through the Decision of the Supreme Court of the Republic of Indonesia Number 57P / HUM / 2019 dated 19 July 2019, that the Petitioners' petition was partially granted, with the verdict, among others, reads as follows:

"... is declared valid for a candidate who dies and is declared valid for a political party for a candidate who dies and is declared valid for a political party for a candidate who no longer meets the requirements as a candidate"

Then, said Evi, based on the Supreme Court decision, the PDIP DPP submitted a request to the KPU to implement the Supreme Court Decision through the PDI Perjuangan Central Leadership Council letter Number 2576 / EX / DPP / VIII / 2019 dated 5 August 2019 regarding the Application for Implementation of the Supreme Court Decision of the Republic of Indonesia No. 57P / HUM / 2019.

"Asking candidates who have passed away on behalf of Nazarudin Kiemas, serial number 1, South Sumatra I, the valid votes are transferred to candidates on behalf of Harun Masiku, SH, serial number 6, South Sumatra I," said Evi.

KPU responded to the letter sent by the DPP PDIP through KPU letter Number 1177 / PY.01.1-SD / 06 / KPU / VIII / 2019 dated August 26, 2019 regarding the follow-up to MA decision number 57P / HUM / 2019 which basically stated that it could not accommodate the PDIP DPP application because it is not in accordance with the provisions of the legislation in force. The Supreme Court ruling also did not explicitly order what the PDIP DPP requested to the KPU.

Based on the results of the national recapitulation on May 21, 2019, the KPU held a Plenary Meeting to determine the elected seats and candidates on August 31, 2019 and determined, among others, for the Election of the DPR

"Sumsel I, DPP PDI Perjuangan won 1 (one) seat; and the candidate was elected on behalf of Rezky Aprilia," he explained.

However, at the plenary meeting, according to Evi, the witness DPP PDIP filed an objection to the reading of the KPU decision draft for the South Sumatra Electoral District and submitted the same application as previously submitted through letter Number 2576 / EX / DPP / VIII / 2019 dated August 5, 2019 regarding Application for Implementation Decision of the Supreme Court (Supreme Court) of the Republic of Indonesia No. 57P / HUM / 2019.

Then, KPU responded to the request, KPU Chairman Arief Budiman read out KPU letter number 1177 / PY.01.1-SD / 06 / KPU / VIII / 2019 dated August 26, 2019 regarding the Follow-up to the Supreme Court (Supreme Court) Decision Number 57P / HUM / 2019 in plenary meeting and stick to the original decision.

"Furthermore, the KPU determines the seat acquisition of the DPR through KPU Decree Number 1317 / PL.01.9-Kpt / 06 / KPU / VIII / 2019 dated August 31, 2019 and Elected Candidates for the DPR through KPU Decree Number 1318 / PL.01.9-Kpt / 06 / KPU. / VIII / 2019 dated August 31, 2019, "he said.

Copies to PDIP

On 27 September 2019, the KPU received a copy of the PDIP letter number 72 / EX / DPP / IX / 2019 dated 13 September 2019 regarding the Application for Fatwa Against the Supreme Court Decision No.57.P / HUM / 2019 dated 19 July 2019 addressed to the Chairperson MA. PDIP requested a fatwa from the Supreme Court so that the KPU would be willing to carry out the request of the PDIP DPP as stated in the verdict.

Then, on December 18, 2019, the KPU received a letter from the DPP PDIP number 224 / EX / DPP / XII / 2019 dated December 6, 2019 regarding the application for the implementation of the MA fatwa with the attachment of the MA fatwa, requesting the KPU to carry out Intertemporal Replacement (PAW) Riezky Aprilia as a member of the DPR Electoral District of South Sumatra I to Harun Masiku.

This MA fatwa was conveyed through MA letter Number 37 / Tuaka.TUN / IX / 2019 dated September 23, 2019, which stated that in order to implement the Supreme Court Decision, the KPU must consistently listen to the 'Legal Considerations' in the intended decision, especially pages 66-67, which among others reads:

"To determine the votes for Legislative Candidates who pass away, the authority is handed over to the Leaders of Political Parties to be given to the Legislative Candidates who are considered the best".

Regarding the DPP PDI Perjuangan letter, said Evi, the KPU answered through KPU letter Number 1 / PY.01-SD / 06 / KPU / I / 2019 dated January 7, 2020 regarding an explanation, which basically the KPU could not fulfill the PAW request on behalf of Riezky. Aprilia to Harun Masiku for not complying with statutory provisions.

"In this case the provisions of Article 5 paragraph (1), Article 6 paragraph (1), and Article 9 paragraph (1) KPU Regulation Number 6 of 2017 concerning Interim Replacement of Members of the People's Representative Council, Regional Representative Council, Provincial Regional People's Representative Council and District / City Regional People's Representative Council, "explained Evi.

Until now, said Evi, there was no PAW and remained in the position of the elected candidate as determined by the KPU on August 31, 2019.

"That is the chronology of the determination of the elected candidates for the DPR for the 2019 General Election, PDI Perjuangan, Electoral District of South Sumatra I made based on actual conditions in accordance with the existing facts," he concluded.