Commission II Of The House Of Representatives Suggests KPU To Ask The Supreme Court For A Fatwa On Irman Gusman
Deputy Chairman of Commission II of the DPR, Junimart Girsang, suggested that the KPU ask the Supreme Court fatwa regarding the decision of the Jakarta State Administrative Court regarding the deletion of Irman Gusman from the list of permanent candidates for the DPD RI in the 2024 election.
"I have asked the chairman of the KPU, if you do not implement the PTUN's decision which has binding legal force (inkrah), does it enter disobedience or not? All courts are the same and cannot be interpreted either," Junimart said as quoted by ANTARA, Friday, January 19.
This was also conveyed by Junimart at a hearing with KPU Chairman Hasyim Asy'ari at the DPR building, Senayan, Jakarta.
According to Junimart, the reason for the KPU that did not carry out the Jakarta Administrative Court decision was because it was considered contrary to the Constitutional Court's decision Number 12/PUU-XXI/2023.
Junimart said that the KPU should ask the Supreme Court's fatwa regarding the Administrative Court's decision so that later the KPU will not be blamed, not sued, not asked for compensation, and even punished.
"Because it's a matter of someone's rights," he added.
It was also explained that the case of Irman Gusman was different from the case of Oesman Sapta so that it could not be used as an example to be the basis for the KPU's reason for not implementing the Jakarta Administrative Court's decision.
"Moreover, the Administrative Court has issued an order to execute the verdict, but the KPU is said to not want to carry out it," Junimart emphasized.
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Meanwhile, former Constitutional Court Judge Maruarar Siahaan said if the KPU was hesitant about a legal decision that was binding or not, the agency could request a fatwa from the Supreme Court.
"Does the Administrative Court's decision tie the KPU to implement it as well. That's good advice from Pak Junimart," said Maruarar.
However, he said, it would depend heavily on the KPU. "The KPU should be neutral, not subjective in responding to a case," he added.