KPU-Irman Dispute Gusman Continues Adjudication Trial After Mediation Failed

JAKARTA - The mediation process between the Indonesian General Election Commission and the former Chairman of the Regional Representative Council for the 2009 '2016 period, Irman Gusman, regarding the deletion of his name from the DPD fixed candidate list did not reach a bright spot.

Thus, the two parties with disputes will proceed to an adjudication hearing conducted by the General Elections Supervisory Agency (Bawaslu) on Monday (13/11) next week.

"Yes, later let Bawaslu announce the results," said KPU chairman Hasyim Asy'ari as quoted by ANTARA, Friday, November 10.

Hasyim said this mediation was the second mediation and the KPU only fulfilled and carried out the dispute process in Bawaslu.

"Procedurally, if the Bawaslu Regulation starts from mediation, the KPU is present to fulfill the dispute procedure to attend the mediation process," he said.

Meanwhile, IrmanGusman as the plaintiff admitted that the mediation process was going well and all parties had expressed their respective views.

"The meeting went well, everyone had conveyed their views, yes, of course we appreciate it, yes," he explained.

However, the results of the second mediation trial did not find an agreement or failed. For this reason, Irman's lawsuit continues in court next week.

"Hopefully there will be a process later starting Monday," he added.

Irman said that he would follow the trial process at Bawasludan hoping that there would be good results from the adjudication.

"Later, with these basics, it will be more because the mediation is closed, even though we want to see it openly. It's better, it's okay, it's just a process," said Irman.

He made PKPU Number 11 of 2023 Article 18 paragraph 2 as the basis of his lawsuit. His party claims that until now there has been no revision of the PKPU made by the KPU against the Supreme Court Decision Number 28 P/HUM/2023.

The decision of the Supreme Court (MA) Number 28 P/HUM/2023 states that Article 18 paragraph (2) of the General Election Commission Regulation (PKPU) Number 11 of 2023 concerning Individual Candidacy for Participants in the DPD Member Election, contradicts Article 182 letter (g) of Law Number 7 of 2017 concerning General Elections, in conjunction with the Decision of the Constitutional Court Number 12/PUU-XXI/2023.

"It has not been revoked, there is an order from the Supreme Court's decision. The order has not been carried out (revised by the KPU) and has been declared invalid. The question is that the Supreme Court's decision is cumulative, not alternative. Now this is the basis for us submitting the lawsuit to Bawaslu," said Irman Gusman's attorney, Tommy

Irman Gusman was sentenced to 4 years and 6 months by the Corruption Court based on Article 12 (b) of the Anti-Corruption Law which argued a penalty of five years or more.

However, Irman reviewed the Supreme Court, so Article 12 (b) of the Anti-Corruption Law was canceled and changed to Article 11 of the Anti-Corruption Law which argued a criminal threat of one to five years. Irman also served his sentence for three years.

In the adjudication hearing next week, there will be differences in the perception of the decision between Irman and the KPU.

"Yes, it is like that, there are different perceptions. That's why we are looking for an adjudication on Monday," he said.