Ghulam Ruchma Algiffary as a MA student of Political Science in Indonesia International Islamic University
POJOKINSPIRA.COM -- In 2023, Indonesia is entering a political momentum that is categorized as the heat of political tension welcoming electoral democracy which will be held every five years to coincide with 2024.
Election timing is ratified every five years based on the preamble of the 1945 Constitution which states that elections are held in a LUBER (direct, general, free, confidential) and JURDIL (honest and fair) every five years.
However, the hot news was caused by the decision of the Jakarta District Court regarding the postponement of the PEMILU (Election) because the KPU was declared a defendant for committing an unlawful act in the form of not being thorough and professional in selecting parties that would take part in political contests, namely the PRIMA party.
Even though, the decision of the Jakarta District Court was textually not written as a postponement, it was contained in the results of the decision.
Is The KPU Really Going to Postpone The PEMILU?
According to procedural law, the lawsuit filed by the PRIMA party against the KPU is incorrect because the lawsuit should have been submitted to the PTUN (State Administrative High Court).
This case is a civil case involving the PRIMA party as the plaintiff and the KPU as the defendant so that the outcome of the trial should only affect one or both parties without harming other parties, especially the entire Indonesian people.
Decisions of the Jakarta District Court that have been ratified cannot be canceled unless the KPU conducts a PK (review).
Is This Purely A Legal Action Or Is There An Element Of Political Interest From Some Parties?
Legally, this case is purely a legal phenomenon because the lawsuit filed by the PRIMA party proved in court that the KPU carried out institutional work in a less thorough and professional manner in the form of a verification result that the PRIMA party could not participate in the 2024 elections because the files submitted were incomplete.
However, some political observers say that this is a political phenomenon that was created to carry out political maneuvers to observe how several other political parties will respond and provide feedback regarding the results of the 2024 electoral democracy postponement decision. Opinion is certainly not strong because it does not have concrete legal evidence.
Why did Mahfud MD, as the MENKOPOLHUKAM, take part in this case so decisively?
The Head of the Minister Coordinator for Politics, Law and Security who is currently held by Mahfud MD is very serious about responding to this case through his Instagram social media account. From an academic point of view, Mahfud MD's statement is true and in accordance with Indonesian positive law.
On the other hand, the part that is becoming a hot issue is public political opinion which has become the focus of Mahfud MD's statement so that the political opinion that is being built in society is that Mahfud MD is seeking attention to prepare seats for political office in the 2024 elections.
Strictly speaking, he stated that he was not interested in targeting office by seeking political sensation. From a long time ago, Mahfud was indeed very interested in responding to legal issues in Indonesia because he was a law professor and was a former chief justice of the Constitutional Court.
All in all, the influence of the Jakarta District Court's decision regarding sanctions for postponement of the 2024 elections is legally valid but cannot be implemented legally because its implementation would violate the 1945 Constitution concerning the holding of LUBER and JUDIL elections every five years.
Therefore, it is likely that the KPU will again submit a PK (review) to the Jakarta District Court on the decision that has been ratified. Will the KPU conduct a PK to the Jakarta District Court? What if the KPU does not conduct a PK? Is there any other legal action that can be taken by the KPU in response to this decision? Let's think critical-transformative. Greetings common sense.
