The DKPP Decision Can Be The Legal Basis For Lawsuiting Gibran's Candidacy

Prabowo Subianto with Gibran Rakabuming Raka/DOK Instagram @prabowo

JAKARTA The decision of the Honorary Council of Election Organizers (DKPP) is considered to be the basis for suing Gibran Rakabuming Raka's candidacy as vice president in the 2024 presidential election.

According to the Director of the Center for Constitutional Studies (PUSako) of Andalas University, Feri Amsari, the DKPP decision is not directly related to the nominations of Prabowo Subianto and Gibran Rakabuming Raka as presidential and vice presidential candidates.

However, the DKPP decision can still have an impact on Gibran's candidacy as a vice presidential candidate, if there is a lawsuit submission or cancellation to the General Elections Supervisory Agency (Bawaslu) or to the State Administrative Court (PTUN).

"The decision of the DKPP is of course aimed at election organizers. If it really wants to have an impact on candidacy, then a lawsuit must be filed against Bawaslu and PTUN," said Feri, Thursday, February 8.

He explained that the DKPP decision stated that the Chairman of the General Election Commission (KPU), Hasyim Asy'ari, violated the Election Organizer Code of Ethics (KEPP), related to the registration of Gibran's candidacy as a candidate for vice president on October 25, 2023. If further studied, the DKPP decision on the 135-PKE/DPP/XII/2023 case, 136-PKE/DKPP/XII/2023, 137-PKE/DKPP/XII/2023, and 141-PKE/DKPP/XII/2023 was due to a lawsuit for accepting Gibran's registration as a candidate for vice president on October 25, 2023 which was deemed incompatible with PKPU Number 19 of 2023 concerning the Candidacy for Participants in the Presidential Election and Vice President.

The reason is, the KPU has not revised or changed the regulations related to the existence of Constitutional Court Decision Number 90/PUU-XXI/202. Thus, the actions of the defendants are suspected of letting Gibran, who continues to follow the nomination stage, clearly violate the principle of legal certainty," added Feri.

Meanwhile, a political observer from the Citra Institute, Efriza, said that the ethical sanctions from the DKPP against Hasyim Asy'ari did not affect Gibran's candidacy as vice president. This is because the DKPP sanctions are more personal, not institutional.

If you look at the general pattern of sanctions from DKPP, it means that it does not become a problem for the institution. So there is nothing that needs to be disallowed from the KPU's decision. This shows that the DKPP decision does not eliminate the process of Gibran's candidacy," he said.