Golkar Politicians With PDIP Values Are Difficult To Prove Jokowi And His Staff Are Observing The Presidential Election

JAKARTA - Golkar Party politician Dhifla Wiyani assessed that the PDI Perjuanga has difficulty proving that the ruler, namely President Jokowi and his staff, tricked the presidential election (Pilpres) some time ago in a lawsuit against the Indonesian General Election Commission (KPU) at the Jakarta State Administrative Court (PTUN) trial.

In the lawsuit to the Administrative Court, PDIP accused the authorities of violating the law (PMHP) during the last presidential election (Pilpres).

The reason, he said, is that there are five elements that must be fulfilled cumulatively so that the PMHP lawsuit can be granted.

"If one element is not fulfilled, PMHP must be declared unproven," said Dhifla in an official statement in Jakarta, quoted from ANTARA, Monday, May 13.

He mentioned the five elements that must be fulfilled, namely the existence of actions, actions that are against the law, losses, mistakes, and the existence of causality principles (relations due to actions against the law and the consequences).

He explained that what is meant by PMHP's lawsuit is a lawsuit against the law in accordance with Article 1365 of the Civil Code, where the perpetrator is a body and/or government official.

For this reason, Dhifla said it was not easy to prove the existence of PMHP by the Indonesian KPU in carrying out its task of holding the 2024 general election (Pemilu), especially in calculating the existence of clear and detailed losses experienced by the PDI Perjuangan.

In addition, he said, the PMHP lawsuit was not a lawsuit that could delay the implementation of the Indonesian KPU's decision on the determination of the elected president in 2024.

He explained this because if the Indonesian KPU was declared to have carried out PMHP, then the PTUN would legally not have the authority to cancel or declare invalid of the KPU Decree (SK) Number 360 of 2024 concerning the determination of the results of the 2024 general election.

"According to Article 24C of the 1945 Constitution, it is only the Constitutional Court that has the right to cancel the KPU decree," he said.

Previously, the PDI-P on Tuesday (2/4) filed a lawsuit against the Indonesian KPU at the Jakarta Administrative Court. The political party's lawsuit regarding the unlawful act of the ruler (onrechtmatic overheidsdaad).

The PDI-P considers the Indonesian KPU to have committed an unlawful act in exercising its authority as an election organizer in 2024.

Due to the lawsuit with case number 133/G/2024/PTUN.JKT, the PDI-P asked the Indonesian KPU to postpone the process of determining the elected president in 2024.