MK Kabulkan Lawsuit PHPU 2024 Irman Gusman, Order PSU With Included Inrman

BETWEEN PHOTOS/Akbar Nugroho Gumay/nym.

JAKARTA - The Constitutional Court granted all claims for Dispute over the 2024 General Election Results (PHPU) submitted by the Candidates for Members of the Regional Representative Council (DPD) of West Sumatra Province (West Sumatra) Irman Gusman.

The Constitutional Court in its decision ordered the KPU as the Respondent to re-vote (PSU) for the 2024 West Sumatra Provincial DPD Candidate Election, by having to include Irman Gusman as a participant.

"Granted the Petitioner's petition in its entirety," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict of Case Number 03-03/PHPU.DPD-XXII/2024 at the I MK building, Jakarta, reported by ANTARA, Monday, June 10.

In addition, the Constitutional Court also ordered Irman Gusman to announce honestly and openly about his identity, including that he was once a convict. The announcement is through media that can be accessed widely by the public, including voters.

The PSU was carried out within 45 days from the time the decision was pronounced. Then, the KPU determined the correct vote based on the results of the re-voting without the need to report it to the Constitutional Court.

Thus, the Constitutional Court canceled KPU Decree Number 360 of 2024 as long as it relates to the vote acquisition of candidates for members of the West Sumatra Provincial DPD.

The Constitutional Court in its legal consideration said that the argument for Irman Gusman's application, who is also the former chairman of the DPD RI, reasoned according to the law in its entirety.

In this case, Irman Gusman feels that the right to become a candidate for DPD members has been hindered. This is because he has been assigned to the temporary candidate list (DCS), but was not included in the permanent candidate list (DCT) for reasons that were deemed not in accordance with the rules.

KPU's decision Number 1563 of 2023 stipulates 15 candidates for DPD members of West Sumatra Province, without including Irman Gusman. Then, Irman Gusman submitted a request for a dispute over the election process to the Jakarta State Administrative Court (PTUN).

The Jakarta Administrative Court decided that the KPU's decision 1563/2023 was null and ordered the KPU to revoke the decision. The Jakarta Administrative Court also ordered the KPU to issue a decision regarding the determination of Irman Gusman as a permanent candidate for members of the West Sumatra Provincial DPD.

Suhartoyo explained that based on Article 471 paragraph (7) and paragraph (8) of the Election Law, the Administrative Court's decision is final and binding. The KPU is also obliged to follow up on the Administrative Court's decision no later than three working days.

However, Suhartoyo added, the KPU did not follow up on the Jakarta Administrative Court's decision until the deadline for revocation and issuance of the decision as ordered in the Jakarta Administrative Court decision.

On the other hand, he continued, Irman Gusman had submitted a request for execution to the Chairman of the Jakarta Administrative Court. Regarding the request, the Chairman of the Jakarta Administrative Court gave a warning containing an order for the KPU to carry out a court decision.

However, after being properly summoned, the KPU in the first summons did not attend and on the second summons which was attended by representatives stated that they would not carry out the Jakarta Administrative Court Decision Number 600 of 2023.

Meanwhile, Bawaslu has also submitted a letter confirming that the KPU is following up on the Jakarta Administrative Court's decision. On the other hand, the General Elections Organizing Council (DKPP) has imposed a strict warning sanction to the KPU for not implementing the Administrative Court's decision.

Until the voting was held on February 14, 2024, Irman Gusman was not included as a participant in the 2024 DPD Member Election.

The Constitutional Court emphasized that the Jakarta Administrative Court Decision 600/2023 as a court decision that has legal force still creates an obligation for the address, namely the KPU to carry it out.

According to the Court, the Respondent should have followed up on the Jakarta Administrative Court Decision 600/2023, said Suhartoyo. The Constitutional Court stated that the KPU's non-compliance had hurt the constitutional rights of citizens who should have met the requirements to be elected.

Therefore, in order to restore the constitutional rights of citizens who have met the requirements to be elected in the DPD Election contestation and for the sake of fair legal certainty, the Constitutional Court issued a decision granting all of Irman Gusman's requests.

By Fath Putra Mulya