JAKARTA Being a contestant for the 2024 General Election is an absolute price. The People's Fair and Prosperous Party (Prima) is ready to withdraw a civil lawsuit against the General Election Commission (KPU) at the Central Jakarta District Court as long as the demands are met.
Otherwise, Prima will likely ask the Central Jakarta District Court to execute the verdict.
The contents of the verdict on March 2, 2023, include punishing the defendant (KPU) not to carry out the remaining 2024 election stages since this decision was pronounced and carrying out the General Election stages from the beginning for approximately 2 years, 4 months, 7 days.
"Currently we are still in the process of verifying the repair of documents according to Bawaslu's decision. If the KPU still does not approve Prima to participate in the 2024 election, we will take legal steps for sure," said Secretary General Prima Dominggus Oktavianus at a press conference at the DPP Prima office, Central Jakarta on March 21, 2023.
One option is to apply for the execution of the decision of the Central Jakarta District Court. One option, of course, is another option," Dominggus added.
This is because the KPU's reason for saying Prima did not meet the administrative verification requirements in 22 provinces did not match the reality or formal defects.
Prima already has management in all provinces or at least in 75 percent of the total districts/cities, has a management of at least 50 percent of the total sub-districts in districts/cities, and has a member of at least one thousand people.
"The data has entered 100 percent of the KPU's political party (SIPOL) information system, then suddenly it has dropped to 97 percent. So, it is possible that there was an error in the system so that the KPU stated that Prima could not proceed to factual verification," said Dominggus at the previous Prima press conference, March 3, 2023.
Bawaslu has also ordered the KPU to give Prima the opportunity to re-upload it to SIPOL, but the KPU on November 18, 2022 still stated that it did not pass the verification.
The lawsuit over the dispute then continued to the State Administrative Court (PTUN), even up to two times even though they ended up losing. After that, then proceed to the Central Jakarta District Court and win.
However, the basis of the lawsuit is an unlawful act committed by the KPU, not an election dispute.
"Essentially, the dispute with the KPU is still in the process not yet until the end. We consider (the decision of the Central Jakarta District Court) as a guard, all of this will run on the right track. If (re-verification) has been completed later, in accordance with the principles of honesty, of course we will withdraw the ongoing cases at the District Court," Prima Deputy General Chair, Alif Kamal added.
If later the KPU still does not change its decision, Prima's path to becoming a contestant for the 2024 General Election is predicted to be even steeper.
This is because the decision of the Central Jakarta District Court, one of which must postpone the election, is considered a wrong decision.
According to a lecturer at Gadjah Mada University's state law department, Andi Sandi Antonius is under the authority of the Administrative Court, not the district court.
The district court should have handed it over to the State Administrative Court (PTUN) because it is not its jurisdiction. In accordance with PerMA No. 2 of 2019 concerning Guidelines for Settlement of Disputes on Government Actions and Authority to Trial Acts of Violation of Law by Government Entities / Officials.
The government in these regulations means broadly as stipulated in Law No. 30 of 2014 concerning Government Administration, including executive, legislative, and other state officials.
"This includes the KPU. It should not be the authority of the Central Jakarta District Court to try, it is necessary to appeal it based on the provisions of the Supreme Court Regulation," Andi said as quoted by the Gadjah Mada University website.
According to him, it is very likely that the high court's decision will reverse the decision of the Central Jakarta District Court.
Constitutional Law Expert Feri Amsari also has the same opinion. The rules are very clear. Even though the district court has carried out the case because it has escaped or made a mistake, for example, it must be decided unacceptable.
"So, this is a violation. The verdict has also violated the 1945 Constitution of the Republic of Indonesia which has stated that elections are held once every five years. With this Constitution, the court's verdict is flawed for violating the constitution," he said in a virtual discussion on March 4.
Moreover, added Feri, "If it is a matter of administrative verification, why suddenly jumping into public legal trouble by delaying the election".
Constitutional Law Expert Prof. Yusril Ihza Mahendra in his writing in February 2022 has also emphasized that the postponement of the 2024 General Election may only get validity and legitimacy if it is carried out in three ways, namely amendments to the 1945 Constitution, the President's decree, and the constitutional convention.
According to Yusril, Prima's lawsuit is a civil lawsuit related to an ordinary unlawful act, not a lawsuit against the law by the authorities.
"So, the decision in the civil dispute only binds the plaintiff and defendant. It does not bind other parties, both candidates and those who have been designated as election participants," he explained.
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