JAKARTA - Member of Commission II of the DPR Ahmad Irawan responded to the decision of the Constitutional Court (MK) which disqualified two candidates for regent and deputy regent of North Barito for being considered to have practiced money politics or money politics.
Irawan assessed that the proof of money politics should be carried out through a criminal process.
"Proofing the occurrence of money politics crimes should go through proof and through the criminal process," said Ahmad Irawan, Monday, May 19.
The Constitutional Court disqualified all candidate pairs (paslon) for regent and deputy regent in the 2024 North Barito Pilkada, namely candidate pair Number 01 Gogo Purman Jaya-Hendro Ngapelo and Paslon Number Urut 02 Akhmad Gunadi Nadalsyah-Sastra Jaya.
The two pairs were disqualified because they were proven to be playing money politics in the 2024 Pilkada re-voting.
The Constitutional Court found the fact that there was a purchase of voter ballots to win the candidate pair, either serial number 1 or serial number 2, with a value of up to IDR 6.5 - IDR 16 million for one voter.
According to Irawan, the Constitutional Court used a new approach in investigating the dispute over the results of the North Barito Regional Election. "The Constitutional Court's decision is something new that can be categorized as a legal breakthrough (breakthrough) to provide a deterrent effect on money politics actors (money politics)," he said.
"Previously, the Constitutional Court's doctrineally decided on violations that were structured, system and massive (TSM) through a quantitative approach, but in the case of North Barito, an assessment of the quality of violations or the weight of violations had an impact on the electability of candidate pairs in the election process," continued Irawan.
Irawan said, in practice, the Constitutional Court adheres to universal principles of law and justice, namely null-us commodum capere potential de injuria sua propria (no one can benefit from the deviations and violations he committed himself and no one should be harmed by the deviations and violations committed by others).
This principle, said Irawan, was used by the Constitutional Court in making various decisions such as recounts, re-voting to disqualification of candidate pairs.
However, in the North Barito Pilkada, he continued, the two pairs of candidates were given disqualification sanctions.
Meanwhile, the North Barito Regency KPU as the Respondent was given a sanction and ordered to re-vote.
"This means that the parties involved in the dispute in the view that the Constitutional Court has committed irregularities and violations," said Irawan.
"Like it or not, what was decided by the Constitutional Court must be considered correct and implemented in accordance with the legal principles of Hukmu al-hakimi ilzamun wa yarfa'u al-limaf (the court's decision to bind and eliminate differences) or the Constitutional Court's decision to end the dispute over the results of the North Barito election (res judicata pro veritate habetur)," he continued.
Irawan also gave notes regarding this case. He considered that the Constitutional Court should decide cases not only consider the interests of the parties involved in the dispute resolution process, but also consider the interests of the state.
"In this case, the returning government must spend the cost of holding elections and the interests of the people so that a definitive government is immediately formed to provide public services," he explained.
According to Irwan, taking an administrative approach in resolving election crimes and assessing the quality of crime and its impact without a court decision with permanent legal force (inkracht) regarding these crimes is very premature.
"And this is a form of judicial institutional prejudice against the election process and state institutions involved in organizing and supervising the implementation of elections," said Irawan.
Members of the Commission in the House of Representatives in charge of Election affairs also assessed that the order to re-elect the Regent and Deputy Regent of North Barito by continuing to use the voter list used in the first election in the November 27, 2024 regional elections has the potential to violate the constitutional rights of voters. Irawan said that the voter list should be re-updated.
"Because someone could have died, there were citizens who had met the requirements as voters, there were new residents and those who moved, and so on," he concluded.
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