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JAKARTA, KOMPAS.com – Constitutional law expert, Yusril Ihza Mahendra said that it is unlikely that the DKI Jakarta High Court would immediately approve the postponement of the 2024 elections, as ruled by the Central Jakarta District Court (PN Jakpus) Number 757/Pdt.G/2022.
The mechanism for approval from PT DKI Jakarta does not depend on whether there are appeals made by the Indonesian General Elections Commission (KPU) or as a defendant.
“My guess is that it is likely that the high court will not grant it, given the severity of the rejection, as well as the opinions of academics,” said Yusril when invited as an expert in a focus group discussion held by the Indonesian KPU, Thursday (9/3/2023).
“Although of course the judge should not be influenced by the criticism in the community as well as academic opinions,” he said.
The petition that the decision applies immediately is contained in the sixth point of the ruling that grants all civil lawsuits by the Adil Makmur People’s Party (Prima) against the Indonesian KPU.
Meanwhile, the decision to postpone the 2024 elections is in the fifth petitum.
Yusril said that the “immediate” element meant that basically this decision had to be implemented even though there were further legal remedies such as appeals and cassation.
However, according to him, an immediate decision can only be carried out if there is approval or a stipulation from the head of the high court.
“If the high court agrees, the execution will be carried out. If the head of the high court does not agree, the execution cannot be carried out,” said Yusril.
He acknowledged that the Central Jakarta District Court decision was somewhat unique. Generally, this “immediate” petitum is listed in an urgent lawsuit. He gave an example, for example, in a civil case regarding food.
The panel of judges could have ordered that the decision to return the food be carried out immediately because if not, the food would have been damaged.
Meanwhile, such an element does not exist in the civil case between Prima and the KPU which was decided by the Central Jakarta District Court.
This made him sure that the DKI Jakarta High Court would not approve the Central Jakarta District Court’s order that the decision to postpone the 2024 election be enforced immediately.
The Central Jakarta District Court ordered the KPU not to carry out the remaining election stages and to carry out the election stages from the beginning for 2 years 4 months and 7 days.
The decision that was delivered on Thursday (2/3/2023) automatically had an impact on postponing the elections.
The decision granted the civil lawsuit filed by Prima who felt aggrieved by the KPU because it was stated that it did not meet the administrative verification requirements for political party candidates participating in the 2024 election, so that they could not take part in the 2024 election.
In addition, KPU commissioners and staff were declared to have committed acts against the law.
They were also sentenced to pay Rp. 500 million in compensation to the political party founded by the former activist, Agus Jabo Priyono.
In the series of events at the Central Jakarta District Court, it is said that the KPU did not send witnesses at all, while Prima sent 2 witnesses.
In the aftermath of this decision, the Central Jakarta District Court has become the butt of legal experts.
Various oblique comments were directed at the panel of judges who were deemed incompetent because they had tried civil cases outside their jurisdiction and had a general impact.
Meanwhile, at the political level, a number of observers and politicians considered that there was intervention from the authorities in the Central Jakarta District Court to smooth the 2024 postponement agenda.
The KPU also drew criticism for not sending witnesses/experts in the series of trials at the Central Jakarta District Court, while Prima sent 2 witnesses whose statements were considered by the panel of judges.
According to the panel of judges at the Central Jakarta District Court, the Prima’s arguments cannot be denied by the KPU.
Indonesian President Joko Widodo claims that the government supports the KPU’s efforts to appeal.
KPU RI chairman Hasyim Asy’ari confirmed that his party will submit a memorandum of appeal to the DKI Jakarta High Court on Friday (10/3/2023).
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