2024 Elections to Proceed as Planned

The Jakarta High Court has ruled in favor of the General Elections Commission’s (KPU) appeal, overturning the Central Jakarta District Court’s decision to halt all ongoing preparations for the 2024 elections.

KOMPAS/RIZA FATHONI

Trial of the appeal decision on the civil case of the Adil Makmur People's Party (Prima) against the General Elections Commission (KPU) regarding the 2024 general election (Pemilu) stage at the DKI Jakarta High Court (PT), Tuesday (11/4/2023).

JAKARTA, KOMPAS – The Jakarta High Court’s decision to overturn the Central Jakarta District Court’s ruling in the lawsuit brought by the Prima Party reaffirms that the 2024 elections will proceed as planned. The court argues that judicial institutions must refrain from interfering with matters to do with the Elections Law outside of enforcing it.

In the Jakarta High Court’s decision read out on Tuesday (11/4/2023), the judicial panel presided by Sugeng Riyono, with fellow judges Hardi Mulyono and Haris Munandar, stated that the panel accepted the General Elections Commission’s (KPU) appeal. The judges also overturned Central Jakarta District Court Decision No. 757/Pdt.G/2022/PN Jkt Pst, dated 2 March 2023.

According to the Central Jakarta District Court’s decision, the KPU had acted in an illegal manner and was ordered to pay material compensation of Rp 500 million. It was also ordered to halt all preparations for the election and to restart the process.

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In response to the Jakarta High Court’s decision, Coordinating Political, Legal and Security Affairs Minister Mahfud MD said that as the Central Jakarta District Court’s ruling had been overturned, the elections would run as scheduled. Even though the Prima Party could still file an appeal, all parties could focus on holding the elections on 14 Feb. 2024. The KPU had been asked to work more efficiently and carefully to avoid any other similar lawsuits.

“Election issues cannot be decided by district and high courts because they are beyond their competence,” he said.

In its consideration, the Jakarta High Court judges conveyed that the appellate court did not agree with the court of first instance, which stated that there was a legal vacuum with regard to the subject of the lawsuit in the case a quo, namely outside of the stipulations in the Elections Law.

The judicial panel of the appellate court determined that decision No. 757/Pdt.G/2022/PN Jkt Pst was related to the KPU’s decision, as the minutes the KPU published had led to Prima being unable to advance to the factual verification stage and so it had failed to qualify as a participant in the 2024 elections.

The decision of the court of first instance stating that it is authorized to judge the case a quo must be overturned.

In accordance with the provisions of Article 466 in conjunction with Article 470 of Law No. 7/2017 on the elections, in conjunction with Article 4, Paragraph (1), Letter d of Law No. 30/2014 on government administration, election disputes between participants and election disputes between participants and organizers resulting from a decision by the KPU, a provincial KPU or a regency/municipal KPU are the authority of the State Administrative Court.

This provision is also in accord with Article 2, Paragraph (1) of Supreme Court Regulation No. 2/2019 on guidelines for settling disputes over government actions and authorities regarding unlawful acts by government bodies and/or officials. This means that cases concerning unlawful acts by government agencies and/or officials are the jurisdiction of the State Administrative Court.

"Therefore, the decision of the court of first instance stating that it is authorized to judge the case a quo must be overturned," said Sugeng.

KOMPAS/RONY ARIYANTO NUGROHO

Three General Election Commission commissioners August Melasz, Idham Kholik and Mochammad Afifuddin (from left to right) shook hands after holding a press conference at the General Election Commission (KPU) Office, Jakarta, regarding the Election Supervisory Body (Bawaslu) decision on the People's Party's lawsuit Adil Makmur (Prima), Friday (24/3/2023).

Refrain

Titi Anggraini, a lecturer on election laws from the University of Indonesia, said the Jakarta High Court’s decision emphasized that all parties must comply with the election dispute settlement mechanism as outlined in the Elections Law.

Law No. 7/2017 states that disputes over the election process, including the process related to determining the political parties that participate in the election, should be brought to the State Administrative Court. This should be done after administrative efforts at the Elections Supervisory Agency (Bawaslu).

Thus, prospective election participants must not involve judicial institutions outside of this mechanism to resolve such cases.

In addition, she continued, the Jakarta High Court’s decision also conveyed that judicial institutions must refrain from interfering with matters related to the Elections Law outside of enforcing the law, even if they were involved.

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Supreme Court spokesman Suharto said the court continued to disseminate regulations that had been passed, such as Supreme Court regulations and circulars, which were institutional policies.

However, he said, it was possible that differences in perception existed among fellow judges, which was justified. The evaluation of evidence or conclusions based on the facts of a trial could differ from one judge to another. Because of this, the judiciary had three levels, namely the courts of first instance, appellate courts and cassation courts.

In a written statement, Prima chairman Agus Jabo Priyono said his party respected the Jakarta High Court’s decision to grant the KPU’s appeal against the lower court. His party was awaiting a copy of the decision to determine the next legal steps, whether to file an appeal or not.

However, he continued, the decision did not affect the ongoing process between Prima and the KPU as a follow-up to the Bawaslu’s decision.

KPU chairman Hasyim Asy’ari said the Jakarta High Court’s decision reaffirmed that the KPU could continue with the stages of the election as planned. Furthermore, the Jakarta High Court had also realigned the judicial pathway for seeking election justice, namely with the authorities of the Bawaslu, the State Administrative Court and the Constitutional Court, as opposed to a general court.

“The Jakarta High Court’s decision also stymies the flow of lawsuits from parties [regarding] cases of unlawful acts during the elections through the general courts,” he said.

Even though its appeal had been granted, Hasyim continued, the KPU would still adhere to the decision of the Bawaslu, which had ordered it to allow Prima to undergo the political party verification process. Prima was currently undergoing verification over its factual corrections.

This article was translated by Kesya Adhalia.