KPU: DKPP Decision Contains Paradoxal Sentence

Commissioner of the General Elections Commission (KPU) Idham Kholik/ANTARA PHOTO/ Fakhri Hermansyah/aww.

JAKARTA - Member of the General Election Commission (KPU) Idham Holik assessed that the decision of the Honorary Council of Election Organizers (DKKP) regarding violations of the code of ethics committed by his party contained paradoxical sentences.

"The decision materially contains paradoxical sentences," said Idham as quoted by ANTARA, Monday, February 5.

According to him, the DKPP stated that the KPU had carried out the task of holding the nomination stages according to the constitution. However, on the other hand, the KPU stated that the DKPP was not in accordance with the administrative governance of the election stages.

As for the consideration of DKPP in Decision Number 135-PKE-DKPP/XII/2023, Number 136-PKE-DKPP/XII/2023, Number 137-PKE-DKPP/XII/2023, and Number 141-PKE-DKPP/XII/2023, especially as stated in page 188 of the decision, DKPP assesses that the KPU has carried out or carried out constitutional tasks.

The consideration of the DKPP reads as follows, "Based on these provisions above, the KPU in casu Para Teradu has an obligation to carry out the Constitutional Court's decision as an order of the constitution.

The actions of the Defendants following up on the Constitutional Court's Decision Number 90/PUU-XXI/2023 in the nomination of the 2024 Presidential and Vice Presidential election participants is an action that is in accordance with the constitution".

Idham said that based on Article 7 paragraph (1) letter a of Law Number 12 of 2011 concerning the Establishment of Legislation as a refinement of Law Number 10 of 2004 concerning the Formation of Legislation in a hierarchy of the 1945 Constitution, it is the highest law in Indonesia.

In addition, Article 10 Paragraph (1) of Law Number 8 of 2011 concerning Amendments to Law Number 24 of 2003 concerning the Constitutional Court reads, "The decision of the Constitutional Court is final, namely the decision of the Constitutional Court to immediately obtain permanent legal force since it was pronounced and no legal remedies can be taken. The final nature of the decision of the Constitutional Court in this law also includes binding legal forces (finals and binding)".

"In the consideration of the decision, the DKPP has emphasized that what has been done by the KPU is in accordance with the constitution, especially in the process of nominating the president and vice president," explained Idham.

Meanwhile, Idham said that Bawaslu as a related party in the DKPP trial had emphasized that the registration of presidential and vice presidential candidates for the 2024 General Election of the KPU was in accordance with the rules.

"We need to emphasize that Bawaslah, who has the authority to handle administrative violations, stated that there were no administrative violations," he said.

Nevertheless, Idham stated that his party as the organizer of the election would implement the DKPP decision. This is in accordance with Article 458 Paragraph 14 of Law Number 7 of 2017 concerning General Elections.

Previously, the Election Organizers Honorary Council (DKPP) sentenced the Chairman of the Indonesian General Election Commission (KPU) Hasyim Asy'ari and six other members to violate the code of ethics in accepting the registration of Gibran Rakabuming Raka as a candidate for vice president of the 2024 General Election.

Hasyim Asy'ari was sanctioned in the form of the last stern warning. Apart from Hasyim, other members of the Indonesian KPU, namely Yulianto Sudrajat, August Mellaz, Betty Epsilon Idroos, Parsadaan Harahap, Idham Holik, and M Afifuddin, were also given warning sanctions.

Hasyim and six KPU members were reported by Demas Brian Wicaksono with case Number 135-PKE-DKPP/XII/2023, Iman Munandar B. (Number 136-PKE-DKPP/XII/2023), PH Hariyanto (Number 137-PKE-DKPP/XII/2023), and Rumondang Damanik (Number 141-PKE-DKPP/XII/2023).