DKPP: PTUN Has No Authority To Issue Decisions On Cases Of Dismissal Of Former KPU Commissioners

Former General Election Commission Commissioner Evi Novida Ginting (Photo: Diah Ayu Wardani / VOI)

JAKARTA - Member of the Honorary Board of Election Administrators (DKPP) Ida Budhiati thinks the State Administrative Court (PTUN) cannot issue a decision regarding the dismissal of former General Election Commission Commissioner (KPU) Evi Novida Ginting.

Because, according to Ida, PTUN is under the Supreme Court (MA), only the judiciary is authorized to examine legal issues, not ethical issues.

"These are two things that are different between legal problems and ethical problems. Currently, an ethics court has not yet been established which is assigned the task of correcting the DKPP (PTUN) decision," Ida explained, Wednesday, July 29.

Evi's dismissal was stated in the Decree of President Joko Widodo Number 34 / P of 2020. Jokowi's decree was made based on the results of the ethics hearing at the DKPP. Ida said that DKPP has the authority to issue verdicts or decisions that are final and binding.

That way, not a single judicial institution can correct the DKPP decision which is an ethical court in the field of elections.

"Therefore, the President's decision is correct to implement and follow up on the DKPP decision which is final and binding and cannot be overturned by the legal court," he said.

The PTUN granted the lawsuit of former General Election Commission Commissioner Evi Novida Ginting regarding his dismissal. PTUN obliged the defendant to return Evi's position as Commissioner of the KPU.

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

"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.