Regarding The Decision Of The Central Jakarta District Court To Postpone Elections, Bawaslu: Change The Rules Through Law Not Through The Court

Illustration of the Bawaslu Building in Central Jakarta. (Bawaslu.go.id)

Chairman of Bawaslu Rahmat Bagja assessed that the decision of the Central Jakarta District Court (Jakpus) which won the Prima Party put election organizers in a dilemmatic position.

"If you want to change (election rules), yes, it is in the Basic Law, not through a court decision, of course it is not good. However, we must respect the court's decision. That is an important problem that is a problem for us, a dilemma for election organizers," said Bagja after the DPR Honorary Court (MKD) Seminar, Jakarta, Friday, March 17, was confiscated by Antara.

This, continued Bagja, because the election organizers face a court decision that has legal force, where the judge's power in deciding a case is regulated in Article 24 of the 1945 Constitution.

"It must be respected as the independence of the judge, the judge is the most important principle that he is independent, he must not intervene in terms of his decision," he said.

On the other hand, he continued, election organizers are also faced with the mandate of Article 22 of the 1945 Constitution which states that elections are held every five years.

"Article 22 states that the election is once every five years. There are also election organizers and the stages are already underway. This is the dilemma for state administrators," he added.

Thus, Bagja said that like it or not the election organizers were faced with a dilemma position which would be a problem in the future.

"This will involve our transparency and accountability as election organizers. If it is not considered, that is the court's decision, but if we implement it, it will also be a big problem in the electoral law enforcement system," he said.

He also hopes that election organizers will find a way out of the problems they are currently facing, because the 2024 election stage is currently underway.

"God willing, there may be a way out in the future so that there are no more issues of postponement of elections, so that later the election is not undermined by issues like this anymore, delays, then three-term issues and others," he said.

Bagja assessed that the issue of protracted election delays would only weaken people's confidence in the democratic and government system. "How do people believe that this issue is always fried?" he added.

Moreover, he said, election organizers who will be the first party to be accused for the first time if the 2024 election is canceled on time.

"Because if the delay is postponed or the election fails, the KPU and Bawaslu will definitely blame the following DKPP, because this is our duty as election organizers," said Bagja.

Previously in the trial at the Central Jakarta District Court, Thursday (2/3), the panel of judges granted the suit of the People's Fair and Prosperous Party (Prima) against the KPU not to carry out the remaining stages of the 2024 General Election and carry out the election stages from the beginning for approximately 2 years 4 months 7 days.

"Punishing the defendant (KPU) not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carrying out the general election stages from the beginning for approximately 2 years 4 months 7 days," said the panel of judges chaired by Oyong, quoted from decision Number 757 / Pdt.G / 2022 / PN Jkt.Pst.