Unnecessary Commotion

Ahead of the 2024 election, the Central Jakarta District Court on Wednesday (1/3/2023) accepted a civil lawsuit from the Just and Prosperous People’s (Prima) Party.

KOMPAS/HERU SRI KUMORO

The electronic board counts down the implementation of the 2024 Election at the General Election Commission (KPU) Building, Jakarta, Friday (12/8/2022).

The public is in an uproar over the decision of judicial panel comprising lead judge T. Oyong and judges H. Bakri and Dominggus Silaban, who stated in their ruling that the defendant, the General Elections Commission (KPU), may not carry out the remaining stages of the 2024 election from the date of the ruling. Instead, the KPU must restart the election process of around two years, four months and seven days.

The decision of the Central Jakarta District Court’s judicial panel has prompted responses from the public. Some people have deemed that the judicial panel had overstepped their authority. A district court does not have the authority to hear election cases.

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The decision has caused confusion among the public, as Kompas.id reported on Thursday (2/3/2023). Moreover, the decision of the Central Jakarta District Court’s judicial panel is reportedly to be enacted immediately.

The KPU, as the defendant, plans to appeal the verdict in the civil case, which it has interpreted as an order for the KPU to halt the stages of the 2024 election from the time the decision was pronounced. The verdict cannot be implemented, because the judicial panel of a lower court cannot postpone the election. What happens if the 2024 election is postponed?

KOMPAS/RONY ARIYANTO NUGROHO

Representatives of political party leaders and KPU leaders at the Determination of Political Party Numbers Participating in the 2024 General Election in the courtyard of the General Elections Commission (KPU) Office, Jakarta, Wednesday (14/12/2022).

The public suspect that the judges of the Central Jakarta District Court are following a certain "political agenda", because it was previously rumored that the government wanted to postpone the elections. Even though President Joko “Jokowi” Widodo emphasized repeatedly that he was subject to the constitution and the election must be held every five years, the public continued to be suspicious.

The decision of the Central Jakarta District Court has the potential to be burned and sharpen the political divisions in society. In fact, the Prima Party executives did not file the civil lawsuit so the 2024 election would be postponed, but to fight for its civil rights to participate in the elections. The KPU decided that Prima did not qualify during the verification process for political parties to take part in the 2024 election.

The decision of the Central Jakarta District Court must apply only to Prima and the KPU, and not to other election participants or the public.

The KPU has also been ordered to pay Rp 500 million as compensation.

Of course, the Central Jakarta District Court has the authority to handle civil cases. Civil law comprises rules that govern the relationship between legal subjects, such as between individuals or business entities and other legal subjects, by focusing on the legal subjects’ interests. The decision of the Central Jakarta District Court must apply only to Prima and the KPU, and not to other election participants or the public.

Indeed, the decision has confused the public and possibly will not be carried out. The appellate system can be used to test the decision or to conduct a public examination. The judges can also give an explanation. There is no need for commotion.

This article was translated by Hyginus Hardoyo.