Disancsi Commissioner, KPU Versus DKPP

Photo Illustration of KPU (Irfan Meidianto / VOI)

JAKARTA - Wednesday, March 18, the Honorary Board of Election Administrators (DKPP) dismissed the Indonesian KPU Commissioner Evi Novida Ginting Manik because he was considered to have intervened in the vote acquisition and the determination of the Elected Candidates for Members of the West Kalimantan Provincial DPRD VI.

Evi was fired because he held the position of commissioner in technical affairs and who should be responsible for this problem. Meanwhile, the Chairman of the KPU and other commissioners received the final harsh warning sanctions.

After the verdict was issued, KPU Chairman Arief Budiman only answered efficient questions from journalists. "We will first study the verdict," said Arief in a short message.

"Sorry, we can't answer yet because we are still reading and studying the verdict," said Evi.

A day later, the KPU announced that it would formally respond to the case of canceling the determination of Hendri Makaluasc's vote and assigning Cok Hendri Ramapon as a candidate for DRPD Gerindra Electoral District of West Kalimantan 6 in the 2019 Legislative Election.

Evi said that the KPU would not remain silent and would sue DKPP at the State Administrative Court (PTUN). Evi thought that there was something wrong with the DKPP decision which considered the KPU to have violated the code of ethics and resulted in sanctions for his dismissal. The lawsuit will be filed next week.

"I will file a lawsuit to request the cancellation of the DKPP decision Number 317-PKE / DKPP / X / 2019 dated March 18, 2020. In the lawsuit, I will submit other reasons so that the court and the public can accept legal flaws in this DKPP decision. , "said Evi at the KPU RI Office, Central Jakarta, Thursday, March 19.

KPU commissioners (Photo: KPU documentation)

Evi argued that there were two decisions with legal force in this case, namely from the Election Supervisory Agency (Bawaslu) and the Constitutional Court (MK). So that he is ready to fight back.

The KPU of Sanggau Regency is known to have corrected the results of the votes of Hendri Makaluasc and Cok Hendri Ramapon in the DB1 Model Form of the Sanggau Regency DPRD. Hendri Makaluasc felt aggrieved and filed a lawsuit against this correction to the Constitutional Court and DKPP.

It turned out that the Constitutional Court's decision on case number 154-02-20 / PHPU.DPR-DPRD / XVII / 2019 stated that Hendri Makaluasc's vote was in accordance with the KPU's corrections.

"The Constitutional Court is an institution that has the authority to judge at the first and last levels. The decision is final and binding. The KPU is obliged to follow up on the Court's decision," said Evi.

Moreover, said Evi, Hendri Makaluasc has withdrawn the complaint at the DKPP hearing on November 13, 2019. That way, according to Evi, Hendri Makaluasc has received and no more parties are disadvantaged by the issuance of the KPU Decree.

However, DKPP did not put a stop to the ethics trial process. They used the Bawaslu decision to form the basis for the decision for the sanction of dismissal.

"DKPP only has the authority (passively) to adjudicate violations of the code of ethics submitted by the Complainants. This means that DKPP cannot actively conduct ethical checks if neither party is aggrieved and submits a complaint of ethical violations," said Evi.

"With the withdrawal of the complaint, DKPP has no basis for holding another ethical court in this case," he continued.