Suara.com – It is said that the Central Jakarta District Court (PN Jakpus) created an excessive sensation after its decision sentenced the General Elections Commission (KPU) to postpone the 2024 election stages. The Prima Party submitted this lawsuit.
The Coordinating Minister for Politics, Law and Security (Menko Polhukam) Mahfud MD said that based on simple logic the defeat verdict for the KPU on the Prima Party lawsuit was wrong, but had the potential to provoke controversy and could distract concentration so that it could be politicized as if the decision was correct.
“I invite the KPU to appeal and fight it all out legally. If logically, the KPU would have won,” Mahfud wrote in an upload on his personal Instagram, @mohmahfudmd, Thursday.
The former Chief Justice of the Constitutional Court considered that the Central Jakarta District Court did not have the authority to make the verdict while explaining that there were at least four reasons based on the law.
Also Read: Prima Party Wins Lawsuit, KPU Affirms Stages for the 2024 Election Will Continue Despite the Central Jakarta District Court’s Decision
First, Mahfud emphasized that disputes related to election process, administration and results have been regulated separately in law and competence is not in the PN.
For example, pre-voting disputes related to administrative processes must be decided by the Election Supervisory Body (Bawaslu), while the matter of the decision to participate the furthest can only be challenged to the State Administrative Court (PTUN).
“So, the Prima Party has lost the dispute at Bawaslu and has lost at the PTUN. That is administrative dispute resolution if it occurs before the vote,” said Mahfud.
Meanwhile, for disputes after voting and election results, competence is at the Constitutional Court (MK).
“That’s the standard. There is no competence in the General Court. Civil unlawful acts cannot be used as an object against the KPU in conducting elections,” wrote Mahfud.
Also Read: Yusril Calls the Decision of the Panel of Judges Postponing the Election Erroneous
Second, Mahfud said that the penalty for postponing the election or all of its processes could not be imposed by the PN as a civil case.
“There is no penalty for postponing the election that can be determined by the PN. According to the law, the postponement of voting in elections can only be imposed by the KPU for certain areas that are problematic for specific reasons, not for all of Indonesia,” he wrote.
Mahfud gave an example, in an area that was being hit by a natural disaster which prevented voting from being carried out.
He stressed that this could not be done based on a court verdict but it was the KPU’s authority to determine it until a certain time.
Third, Mahfud believes that the Jakpus District Court verdict cannot be continued with execution.
“It must be legally resisted and the people can massively object if they are executed. Why? Because the right to conduct elections is not a civil right for the KPU,” he wrote.
Masses from the Adil Makmur (Prima) People’s Party rallied in front of the KPU Office, Jakarta, Wednesday (14/12/2022). (BETWEEN PHOTOS/Aditya Pradana Putra).
Fourth, Mahfud emphasized that the postponement of the election was carried out only on the basis of a civil lawsuit from a political party, not only against the law, but also against the constitution, which stipulates that elections are held every five years.
Therefore, Mahfud emphasized that both the KPU and the entire community must take legal action against the Central Jakarta District Court’s verdict.
“We have to legally fight this verdict. This is an easy matter, but we have to balance the controversy or commotion that might arise,” he concluded. (Between)
