Legal Experts Suggest Jokowi Not To Appeal About The Lawsuit By The Former KPU Commissioner

President Joko Widodo (Photo: Indonesian Cabinet Secretariat)

JAKARTA - A legal expert from the University of Indonesia Topo Santoso, advised President Joko Widodo to accept the decision of the State Administrative Court (PTUN) and not file an appeal regarding the lawsuit of former General Election Commission Commissioner (KPU) Evi Novida Ginting who had been fired.

"Instead of appealing, it is better for the president to accept this decision because the DKPP decision was wrong. Instead of losing again (at the High State Administrative Court), he will be embarrassed later," Topo said when contacted, Friday, July 24.

On March 23, Jokowi dishonorably fired Evi from the post of KPU commissioner. This decision was based on the verdict at the DKPP hearing.

DKPP decided that Evi was guilty because he was considered to have intervened in the vote acquisition and the determination of the Elected Candidate for Members of the DPRD for West Kalimantan Province VI.

Evi was fired because he held the post of technical commissioner responsible for this issue. Meanwhile, the Chairman of the KPU and other commissioners received the final harsh warning sanctions.

According to Topo, the DKPP decision was wrong. Because, in intervening in the vote determination, Evi did not take steps on behalf of himself, but instead carried out his duties on behalf of the KPU commissioners.

"Even though each KPU member has a coordinating position, all decisions are taken collectively collegially," said Topo.

Therefore, Topo believes that Jokowi must comply with the PTUN decision by reappointing Evi as Commissioner of the Indonesian KPU for the 2017-2022 period. Moreover, currently there is no commissioner to replace Evi's position.

"If (Evi's position) is not restored, it will discredit the PTUN's authority as the competent institution to decide on state administrative disputes. The PTUN might be weakened," he said.

Previously reported, the PTUN granted Evi's lawsuit, which considered that there was an error in his dismissal by Jokowi, which was based on the decision of the Honorary Board of Election Administrators (DKPP). PTUN requires Jokowi to restore Evi's position as a KPU commissioner.

The defendant in this case is President Joko Widodo as the party who fired Evi. In the Decree of President Joko Widodo Number 34 / P of 2020, Jokowi officially dismissed Evi with disrespect on 23 March.

"It requires the defendant to rehabilitate the good name and restore the position of the Plaintiff as a member of the General Election Commission for the 2017-2022 term before being dismissed," read a copy of the verdict.

In the PTUN decision number 82 / G / 2020 / PTUN.JKT which came out today, the PTUN panel of judges fully granted Evi's claim.

PTUN also requires President Jokowi to revoke Decree Number 34 / P of 2020 concerning the Disrespectful Dismissal of Members of the General Election Commission for the 2017-2022 term of office on behalf of Dra. Evi Novida Ginting Manik.