Expert: Prima Party Lawsuit Should Not Be a Reason for Postponing the Election

The judge’s decision at the Central Jakarta District Court is considered to be contrary to the 1945 Constitution, the Election Law and Supreme Court Regulations. Senior researcher at the Political Research Center, National Research and Innovation Agency (BRIN) Prof. Lili Romli firmly said that the suspension of the election stages which had the effect of delaying the voting could not be justified.

“In the Constitution, in article 22 E it is stated that elections are held every five years. In the Election Law, Article 167 says that elections are held every five years. So it’s very clear,” said Lili in a discussion held by BRIN, Tuesday (7/3).

“The word delay is also not in the Election Law. Chapter 16 explains about follow-up elections and follow-up elections. So the term delay does not exist, and indeed there is no regulation regarding delays,” he added.

Voters place ballots after voting in Jakarta, April 17 2019. (Photo: REUTERS/Edgar Su)

According to the law, it is indeed possible to hold a follow-up election or follow-up election. However, that is only for a small percentage of areas, and for very good reasons such as security disturbances or natural disasters.

Lili is actually worried that the Prima Party’s move has a thread with a number of statements by politicians such as MPR Chairman Bambang Susatyo, DPD Deputy Chair La Nyalla Mattalitti and General Chair of the United Development Party (PPP) Muhamad Mardiono. They have been keen to voice the postponement of elections and the extension of the presidential term. While Jokowi himself on various occasions, both directly and through his closest aides, rejected this discourse.

“The Central Jakarta District Court judge’s decision is not in a vacuum, an empty space. It’s connected like that,” said Lili.

What he calls continuing is because after the statements of the politicians, now the judge has decided something similar.

“Even though it’s not bright now, it seems like it was by design, on purpose. Because if we refer to the law, it’s already clear,” he added.

Court ruling

Previously, at a trial held on Thursday (2/3), the Central Jakarta District Court judge had issued a decision on the lawsuit filed by Prima Party 757/Pdt.G/2022. It is stated in detail, in the main case, first the judge accepts the plaintiff’s claim in its entirety. Second, stating that the plaintiff is a political party that was harmed in the administrative verification by the defendant, in this case the General Elections Commission (KPU).

Third, stated that the defendant had committed an unlawful act. Fourth, punishing the defendant to pay material compensation of Rp. 500 million to the plaintiff. Fifth, punishing the defendant not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carry out the General Election stages from the beginning for approximately two years, four months and seven days.

Election officials wear protective masks during regional head elections in Denpasar, Bali Province, December 9, 2020. (Photo: Antara/Fikri Yusuf via REUTERS

Sixth, stating that the decision of this matter can be carried out in advance immediately (uitvorerbaar bij voorde). Seventh, set the cost of the case to be charged to the defendant amounting to Rp410,000.

It was the fifth decision that led to the threat of postponing the election, because the KPU had to repeat the entire process of the election stages. In fact, currently the stages are continuing and the elections will be ready to be held in February 2024.

Impossible to Repeat Stages

Member of the Advisory Board of Perludem Titi Anggraini. (Documentation: Titi)

Strong criticism was also conveyed by the Board of Trustees of the Association for Elections and Democracy ( Perludem ) , Titi Anggraini .

The decision of the Central Jakarta District Court which ordered the termination of the election stages that were already underway and the start of new stages had an impact on the entire existing process. If it is calculated, according to the judge’s decision, the voting to elect a president and vice president can only be held in November 2024, or nine months later than the original schedule.

“In November 2024, we will go beyond what is very basic, namely the inauguration, the taking of the oath of the president and vice president,” said Titi.

Furthermore, Titi said, “Article 7 of our Constitution, our constitution, our constitutional convention, every October 20 in the five-year cycle, the oath or pledge of the elected presidential or vice-presidential candidate must be made.”

Titi reminded that the judge’s order regarding the termination of the election stages had big consequences. One of them is the matter of the term of office of the president and vice president, as well as members of the DPR. If the entire process is reversed, the statutory provisions governing all of this will no longer be fulfilled.

Elections, according to the constitution, must be held directly, publicly, freely, confidentially, honestly and fairly every five years.

“Article 22 E paragraph 1 of the constitution requires elections in one package, periodic and genuine elections,” he said.

An election official helps an elderly woman to mark her finger with ink after casting her ballot in the Pilkada in Tangerang, Banten, June 27, 2018. (Photo: REUTERS/Willy Kurniawan)

A regular election is one package with an election that fulfills the elements of direct, general, free, secret, honest and fair. One side may not cover the other. The enthusiasm to present clean elections must not sacrifice the execution time which is regulated in detail by law.

“I have always stated that we must have clean and timely elections. Elections must not be fraudulent, but must also be on time,” added Titi.

Null and void

Researcher at the Center for Constitutional Law Studies (PSHK) at the Islamic University of Indonesia (UII) Yuniar Riza Hakiki in his statement said that the Central Jakarta District Court judge’s decision regarding this case should have been null and void.

“Decision Number 757/Pdt.G/2022/PN Jkt Pst which was built on flawed legal logic, namely an error in the competence of the district court in examining electoral cases, and causing losses that have broad impacts and even unconstitutional, then in essence the decision is null and void or never existed,” said Yuniar.

An election official holds ballots during a presidential election vote count in Makassar, South Sulawesi, July 9 2014. (Photo: REUTERS/Yusuf Ahmad)

For this reason, PSHK UII recommends that the KPU does not need to implement the decision regarding the postponement of the election stages and seek an appeal. The Judicial Commission was asked to examine the panel of judges who decided this case.

The third recommendation, the Supreme Court Supervisory Board is asked to supervise and warn judges within the Supreme Court so that they comply with absolute and relative competence. The fourth recommendation is given to the President, so that the election can be monitored according to the constitutional mandate, which is to be held every five years. Finally, PSHK UII invites the public to monitor and oversee the election so that it will still be held in 2024

On a separate occasion, Dr. Andi Sandi Antonius Tabusassa Tonralipu, a lecturer at the Department of Constitutional Law, Faculty of Law UGM, also considered that the decision in the form of postponing the 2024 elections was wrong.

“In the context of elections, claims related to elections should be resolved in the procedures set out in the settlement of violations, process disputes, outcome disputes and election crimes. We are not allowed to enter public courts or other courts,” he said, Tuesday (7/3).

A woman cycles past flags of political parties ahead of the 2019 General Elections in Banda Aceh, March 23 2019. (Photo: AFP/CHAIDEER MAHYUDDIN)

Andi also said, “This decision has the potential to violate the constitution because Article 22E of the 1945 Constitution expressly states that elections must be held once every five years.”

Election Postponement Rejected

In various surveys conducted for at least the last year, the majority of respondents have always rejected the idea of ​​postponing elections.

The survey of indicator agencies, for example, shows that 67.2 percent of respondents asked for elections to be held in 2024. Meanwhile, Kompas Research and Development noted that 62.3 percent of respondents wanted elections in 2024. The survey conducted by LSI recorded that 64.1 percent of the people said the same thing.

Likewise the Y-Publica institution which even claims that 81.5 percent of the public wants the 2024 Election to go ahead as scheduled. The release of the Indonesian Political Opinion (IPO) agency stated that the number of public rejection of the discourse on postponing the election reached 77 percent. Saiful Mujani Research and Consulting (SMRC) revealed that the idea of ​​postponing the 2024 Election was rejected by 78.9 percent.

Meanwhile, the Algorithm agency, which published a survey in January 2023, said that 76.9 percent of their respondents did not like the plan to postpone the elections, and 65.8 percent did not like the extension of the presidential term. [ns/ab]