DKPP Is Reminded Not To Become A Super Body Institution

DKPP/Photo: Antara

JAKARTA - The leader of the House of Democracy, Ramdansyah, hopes that the elected DKPP members in the 2022-2027 period can keep the Honorary Council for the General Election Organizer of the Republic of Indonesia from superbodying or becoming an institution that does not exceed its authority.

"It is necessary to trace the track record of whether these candidates have been sanctioned by the DKPP or other legal institutions. Another hope is that the President of the Republic of Indonesia and the DPR RI can propose those who can maintain muruah as an ethical institution that does not exceed their authority," said Ramdansyah in a statement in Jakarta, Monday 13 June.

The House of Democracy assessed that the members of the initial period of DKPP led by Jimly Asshiddiqie had enough integrity because of the extensive knowledge of the chairman and members of DKPP.

"Unfortunately, this institution has turned into a superbody. The House of Democracy sees the DKPP phenomenon because Law Number 15 of 2011 concerning Election Organizers makes a multi-interpreted phrase that 'the decision of the DKPP is final and binding'," he said.

This phrase, according to him, makes DKPP feel like "twin brothers" with the Constitutional Court (MK). In fact, the Constitutional Court is a judicial institution that has the attribution authority granted by the 1945 Constitution of the Republic of Indonesia (Article 24C paragraph 1).

The Constitutional Court adjudicates at the first and final levels whose decisions are final to examine the Act against the 1945 Constitution of the Republic of Indonesia and DKPP wants to be like the Constitutional Court.

In fact, he continued, DKPP is not included in any judicial authority. For example, the election of Mayor/Deputy Mayor of Tangerang was intervened by DKPP in 2013. DKPP defeated the authority of the State Administrative Court (PTUN) Serang, Banten Province.

DKPP restores the constitutional rights of the candidate pair R. Wismansyah-Sachrudin. In fact, the panel of judges of the Serang Administrative Court are currently examining, hearing, and deciding case No. 23/G/2013/PTUN-SRG.

Another example relates to the stages of the 2014 General Election. DKPP's decision Number: 23-25/DKPPPKE-I/2012 which decided that the KPU should include 18 political parties that did not pass administrative verification to participate in factual verification for the 2014 General Elections shows the institution as a superbody.

"Later on, the DKPP could reinvigorate the authority to intervene in the election stages that have been determined by the RI KPU for the 2024 Election," he said.

The House of Democracy considered that DKPP could become a superbody again even though the move was stopped with the Decision (MK) No. 31/PUU-XI/2013 which was tested by Ramdansyah from the House of Democracy. The Constitutional Court's decision annulled Article 112 paragraph (12) of Law no. 15/2011 concerning Election Organizers.

Based on the Constitutional Court's decision, said Ramdansyah, the final recommendation from the DKPP which is final and binding cannot force other state power-administering institutions, apart from the election organizers and the president.

"The Constitutional Court's Decision No. 31/PUU-XI/2013 is reinforced by the Constitutional Court's Decision No. 32/PUU-XIX/2021 which was re-examined by former KPU chairman Arief Budiman and KPU member Evi Novida Ginting Manik on March 29, 2022," he said.

The House of Democracy expects candidates for DKPP members who have integrity after Presidential Decree no. 63/P of 2022 concerning the Extension of Duties of DKPP Members for the period of 2022-2027 ending in the next 3 months.

The extension of the term of office has given blessings to the Indonesian House of Representatives and the Government to find suitable figures as guardians of clean election ethics.

"House of Democracy hopes that there will no longer be a need for a Presidential Decree to extend the term of office, but DKPP members will be elected from 2022 to 2027 before the deadline for Presidential Decree No. 63/P/2022. The election of DKPP members for the next period can certainly increase public confidence in the 2024 Election," he said.