The Reason For PKB To Sue The KPU To The Administrative Court Regarding The Redetermination Of 3 Legislative Candidates Who Were Fired By Cak Imin
JAKARTA - The National Awakening Party (PKB) will sue the General Election Commission (KPU) of the Republic of Indonesia to the State Administrative Court (PTUN) for re-determining 3 cadres who have been dismissed by the party to become elected legislative candidates for the 2024 Legislative Election.
The three cadres who were passed by the KPU were Achmad Ghufron Sirodj, Ali Ahmad, and Mohammad Irsyad Yusuf as elected members of the DPR RI in the electoral districts of East Java II, IV, and V.
"We are considering submitting a lawsuit to the Administrative Court against the Indonesian KPU Decree Number 1401 of 2024 dated 28 September 2024 concerning the Fifth Amendment to KPU Decree Number 1206 concerning the Determination of Elected Candidates for DPR Members in the 2024 General Election," said PKB Secretary General Hasanuddin Wahid in his statement, Monday, September 30.
In addition, Cak Udin, Hasanuddin's nickname, said that PKB is also considering reporting Bawaslu to the Election Organizers Honorary Council (DKPP) for issuing a decision that has passed the dismissed PKB cadre.
The PKB DPP also plans to send an objection letter and request the Indonesian KPU and the President of the Republic of Indonesia through the Minister of State Secretary not to inaugurate the three names until the internal party dispute gets a court decision and has permanent legal force.
"We do all of that to ensure the authority and discipline of the party as regulated in the AD ART PKB which is guaranteed by the Political Party Law," said Cak Udin.
Cak Udin assessed that the KPU should not issue the decision. This is because this is tantamount to annuling the party's rights and authorities which are protected by law and the PKB AD/ART regarding the dismissal of its members.
Bawaslu, according to him, has made decisions that exceed its authority, and the KPU should not have to change its own decision, namely the Decree number 1349 of 2024.
"How is it possible and what is the basis for the KPU to determine the person who has been dismissed from PKB as a member of the elected legislature?" he said.
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Furthermore, Cak Udin emphasized that the KPU and Bawaslu should not have determined first or asked the three people who had been dismissed to be sworn in because they were making legal remedies and resolving disputes through the Party Court and District Court.
"The legal process is ongoing, all parties should respect all of these legal processes by not issuing decisions in any form until the court's decision has permanent legal force," he said.