Emil Dardak Calls DKPP Decision Not Aborting Gibran's Candidacy

Vice President Gibran Rakabuming Raka hooked the couple Emil Dardak-Arumi Bachsin as a spokesman to be introduced in the Menteng area, Jakarta. (Nailin-VOI)

Spokesperson for the 9-cawapres vice presidential candidate number 2 Gibran Rakabuming Raka, Emil Elestianto Dardak, said the latest decision by the Election Organizers Honorary Council (DKPP) would not interfere with the electoral process or abort Prabowo Subianto's companion.

According to him, what the General Elections Commission (KPU) has done is in accordance with the decision of the Constitutional Court (MK).

"Please pay more attention to the statement of the Chairman of the DKPP, Mr. Heddy Lugito," Emil said in his statement, Tuesday, February 6.

The Deputy Governor of East Java (Jatim) then showed quotes from other DKPP statements and decisions that the KPU had an obligation to implement the Constitutional Court's decision.

"That the actions of the Defendants (Chairmen and members of the KPU) following up on the Constitutional Court Decision (MK) Number 90/PUU-XXI/2023 in the nomination of presidential and vice presidential election participants in 2024 is an action in accordance with the constitution," said Emil.

For information, the DKPP stated that the Chairperson and member of the KPU violated the code of ethics because they processed Gibran's registration without changing the minimum age requirements for presidential and vice presidential candidates in KPU Regulation Number 19 of 2023 in accordance with Constitutional Court Decision (MK) Number 90/PUU-XXI/2023.

DKPP also imposed the last strict warning to Hasyim for violating the code of ethics and code of conduct in 4 cases, each with the number 135-PKE-DKPP/XII/2023; 136-PKE-DKPP/XII/2023; 137-PKE-DKPP/XII/2023; and 141-PKE-DKPP/XII/2023.

DKPP assessed that violations could be prevented if the KPU immediately consulted with the House of Representatives (DPR) and the government after the Constitutional Court Decision dated October 16, 2023, which changed the requirements for the presidential and vice presidential age limit. This is because the KPU Regulation (PKPU) as technical guidelines for the implementation of the 2024 General Election and Presidential Election must be changed and adjusted to the Constitutional Court's Decision.

Emil's statement is in line with constitutional law expert Fahri Bachmid, who assesses that the DKPP decision does not have constitutional implications for the Prabowo-Gibran candidate pair.

"Ections as legal subjects for presidential and vice presidential candidates are constitutional and legitimate," said Fahri.

Fahri then highlighted two things related to the DKPP decision. First, the KPU as a legal subject is required to carry out the Constitutional Court Decision number 90. Related to this, what the KPU did by passing Gibran's candidacy was the right act and did not violate the constitution.

Second, in the process of implementing the Constitutional Court's Decision, it turns out that the KPU is considered to have violated election administration because it did not immediately prepare a draft PKPU amendment Number 19 of 2023.

"From the aspect of constitutional law, the KPU's action to follow up on the Constitutional Court's Decision Number 90/PUU-XXI/2023 in the nomination of participants in the 2024 Presidential and Vice Presidential elections is an action that is in accordance with the constitution," said Fahri.

"But in essence, it (DKPP's decision) is an ethical realm that can be judged ethically according to the Regulation of the Honorary Council of Election Organizers Number 2 of 2017 concerning the Code of Ethics and Code of Conduct for Election Organizers," he continued.