KPU Doesn't Need To Undergo Central Jakarta District Court Decisions Regarding Postponing 2024 Election Stages

Illustration of the process of multiplicating the 2019 Election ballots. (Between Rahmad)

JAKARTA - Researcher from the Center for Constitutional Law Studies at the Islamic University of Indonesia (UII) Yogyakarta Yuniar Riza Hakiki asked the General Elections Commission (KPU) to heed the decision of the Central Jakarta District Court (Jakpus) regarding the postponement of the 2024 General Election.

"The KPU does not need to implement the Central Jakarta District Court's decision," Yuniar said in his statement, Friday, March 3, was confiscated by Antara.

According to Yuniar, the KPU can make an appeal so that the decision regarding the postponement of the election is corrected by the high court.

He said that the decision of the Central Jakarta District Court judges was essentially a logic defect and was wrong in the practice of implementing the law in Indonesia.

He said that the substance of the lawsuit case from the Prima Party was not basically a lawsuit against the law (PMH) in the civil field, but a case of lawsuits over election disputes over state administrative decisions that had been issued by the KPU.

"So, in absolute competence, the Central Jakarta District Court should not be authorized to try the substance of the case related to election disputes," he said.

Although the Central Jakarta District Court's decision on certain aspects is considered to have recovered the Prima Party's losses, by punishing the KPU to postpone the election stages, it actually harms broader legal interests.

"The Central Jakarta District Court is not authorized to decide on the postponement of the election stages because the election stages do not only involve the legal interests of the litigants in civil disputes," said Yuniar.

Therefore, PSHK UII also asked the Judicial Commission to examine the panel of judges at the Central Jakarta District Court which decided the case Number 757/Pdt.G/2022/PN. Jkt Pst.

"The Supreme Court's Supervision Agency should supervise and warn judges within the Supreme Court to obey absolute and relative competencies," he said.

Yuniar hopes that President Joko Widodo will oversee the election according to the constitutional mandate, which is carried out every five years. "To the general public to monitor and oversee the election so that it will continue to be held in 2024 in accordance with the constitution and laws and regulations," he said.