Constitutional law expert from Andalas University, Feri Amsari, assessed that the decision of the Central Jakarta District Court (Jakpus) which ordered the KPU to stop the election stages in the lawsuit case won by the Prima Party violated the provisions of the law.
According to him, the Central Jakarta District Court has acted outside the corridor to exceed the limits of authority so that the decision regarding the postponement of the 2024 General Election can be canceled by the Supreme Court (MA) at the cassation level.
One of the provisions violated by the Central Jakarta District Court so that the verdict registered with number 757/Pdt.G/2022/PN Jkt.Pst can be canceled is Supreme Court Regulation (Perma) No. 2 of 2019.
"Article 10 and Article 11 of Perma No. 2 of 2019 which states that [the decision to postpone the election] is not the authority of the District Court," Feri told VOI, Friday, March 3.
Feri said the decision of the Central Jakarta District Court which ordered the KPU not to carry out the remaining stages of the 2024 General Election also violated Article 22 E paragraph 1 of the 1945 Constitution.
"The election is held regularly every five years based on Article 22 E paragraph 1 of the 1945 Constitution, it is impossible for the PN to oppose the constitutional article," said Feri.
Feri said the decision threatened democracy in the country. He emphasized that this cannot be tolerated because later it can become a bad precedent in the Indonesian judiciary world.
"I see that this is a threat to all of us, our democracy can be disrupted, if there is a district court or court can violate the provisions of the 1945 Constitution," he said.
He reminded the Central Jakarta District Court to reconsider its decision so as not to decide to postpone the election because it is not the jurisdiction and authority.
"Of course what needs to be corrected is the civil rights of the Prima Party, in this case the stages of administrative verification and factual verification. So there is no correlation with the postponement of national elections. For me these are steps against the constitution," he said.
Previously, the panel of judges at the Central Jakarta District Court granted the Prima Party's civil lawsuit by deciding that the KPU would not carry out the remaining stages of the 2024 General Election.
The lawsuit was filed by the plaintiff, namely the Prima Party against the KPU, represented by the General Chairperson of the KPU, Hasyim Asy'ari, as the defendant.
In its decision, the panel of judges said that they accepted the plaintiff's claim in its entirety, stating that the plaintiff was a political party that was harmed in administrative verification by the defendant and sentenced the defendant not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carried out the stages of general election from the beginning for approximately 2 years 4 months 7 days.
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