House of Representatives Safeguards Legal Certainty for 2024 Elections
The House appreciates the KPU’s response of filing an appeal against the Central Jakarta District Court’s decision as an effort to provide legal certainty in accordance with the Constitution and statutory regulations.
JAKARTA, KOMPAS – On Tuesday (14/3/2023), the House of Representatives reaffirmed its commitment to closely monitor the legal process over the Central Jakarta District Court ruling that ordered the General Elections Commission (KPU) to restart the preparations for the 2024 elections. To provide legal certainty for holding the elections, the House will also issue a regulation in lieu of law on the elections during the current session.
Meanwhile, the other election stages are proceeding as planned.
On Tuesday (14/3), President Joko “Jokowi” Widodo took part in checking and researching voter data for the 2024 elections.
“This is evidence that Bu [Mrs.] Iriana and I are registered as voters in the 2024 elections,” he said, referring to the First Lady. “And I invite everyone to check your names on the KPU website. If you have not been registered, report it immediately to your local General Elections Commission [KPUD],” President Jokowi said at the State Palace in Jakarta.
Matching and researching voter data took place from 12 Feb. to 14 March 2023, both at home and abroad. Afterwards, the KPU will compile the data into the preliminary voter list (DPS) for the 2024 elections. For now, members of the voting public can check whether their name is included on the voter list for the 2024 election on the KPU’s website (https://cekdptonline.kpu.go.id).
Responding to questions from the media, KPU chairman Hasyim Asy’ari said that the President’s participation in the process of matching and researching voter data symbolically conveyed that Jokowi was an Indonesian citizen who happened to be the country’s president and would actively participate in election activities.
“This shows that the 2024 elections will proceed according to plan. And this is part of the series of activities related to the elections, including updating voter data,” he said.
House Speaker Puan Maharani’s speech, as read out by House Deputy Speaker Lodewijk F. Paulus at a plenary meeting on Tuesday to open the fourth session for 2022-2023 at the Senayan legislative complex in Jakarta, states that the Central Jakarta District Court’s decision to postpone the election has given rise to a constitutional debate and requires political law perspectives to uphold the Constitution. Article 22E of the 1945 Constitution explicitly mandates that the elections are to be held every five years.
For this reason, serious legal politics is needed to address the court’s decision. The House appreciates the KPU’s response of filing an appeal against the Central Jakarta District Court’s decision as an effort to provide legal certainty in accordance with the Constitution and statutory regulations.
Last Friday, the KPU appealed against the Central Jakarta District Court’s order to cease all remaining preparations for the elections. The appeal was filed six days earlier than the 16 March deadline.
“The House will closely monitor this matter of legal certainty so there is no vacuum in the executive and legislative powers,” Lodewijk said while reading out Puan’s speech.
In terms of legislation, he continued, the House would also provide legal certainty for holding the elections, specifically with the formation of new autonomous regions in Papua. This would be achieved by passing Regulation in Lieu of Law (Perppu) No. 1/2022 on amendments to Law No. 7/2017 on the elections during the current session.
On Monday, the Prima Party asked the Elections Supervisory Body (Bawaslu) to include the party as a participant of the 2024 elections. The request was submitted by the party’s attorney, Mangapul Silalahi, during a hearing on Tuesday (14/3) over alleged administrative violations that occurred at the Bawaslu office in Jakarta.
The House will closely monitor this matter of legal certainty so there is no vacuum in the executive and legislative powers.
Before the Bawaslu panel, which was chaired by Puadi and assembly member Totok Hariyono, Manfapul presented the Central Jakarta District Court’s decision dated 2 March 2023 as evidence that the KPU had committed an unlawful act in violation of the procedures and mechanisms related to administering the elections.
According to Mangapul, the court’s decision favoring the Prima Party showed that the KPU did not adhere to the Bawaslu’s decision to allow the party to resubmit its corrected documents.
KPU member M. Afifuddin said Prima Party chairman Agus Priyono and secretary-general Dominggus Oktavianus were not qualified to submit this report. They did not have the legal standing to report alleged violations related to election administration. Apart from that, said Afifuddin, the KPU had adhered to the Bawaslu’s decision by allowing the Prima Party to resubmit its corrected documents within 24 hours.
KPU member August Mellaz added that the results of the administrative verification of Prima’s corrected documents were that the party was again ineligible to participate in the elections. For one, Prima did not meet the minimum membership requirement at the provincial level. In accordance with Law No. 7/2017 on the elections, one of the requirements for political parties to participate in the elections was to have members in all provinces. Prima did not have members in Papua and Riau.