Suing via PTUN, PDI-P considers Gibran's candidacy to be in violation of administrative law

The PDI-P attorney who sued the KPU at the PTUN realized that he could not overturn the Constitutional Court's decision but asked to look at the law more broadly.

KOMPAS/NIKOLAUS HARBOWO

The atmosphere of the trial of the Indonesian Democratic Party of Struggle's lawsuit against the Election Commission regarding the approval of President Joko Widodo's eldest son, Gibran Rakabuming Raka, as Prabowo Subianto's vice presidential candidate, took place at the Jakarta State Administrative Court on Thursday (2/5/2024).

JAKARTA, KOMPAS — The panel of judges at the Jakarta State Administrative Court asked the legal team for the Indonesian Democratic Party of Struggle to revise a lawsuit alleging unlawful acts by the General Election Commission regarding the nomination of Gibran Rakabuming Raka as vice presidential candidate Prabowo Subianto's companion. One of these improvements is to synchronize the arguments that form the basis of the lawsuit with the contents of the lawsuit.

Trial of the lawsuit by the legal team of the Indonesian Democratic Party of Struggle (PDI-P) against the General Election Commission (KPU), Thursday (2/5/2024) at the State Administrative Court (PTUN) Jakarta, took place behind closed doors. All parties were present at the preliminary hearing to examine the administrative completeness.

The leader of the legal team of PDI-P, Gayus Topane Lumbuun, stated after the hearing that the judge still requested the PDI-P legal team to improve the completeness of their lawsuit. One of the issues concerns the connection between the arguments that form the basis of the lawsuit and the contents of the demands.

Also read: Prabowo-Gibran Pair's Victory Is Legal

On the other hand, Gayus continued, the judge also requested the legal team of PDI-P to separate matters related to public administration and private administration. All of these improvements were requested to be presented again in the next hearing on May 16, 2024.

The judge is still requesting the PDI-P legal team to improve the completeness of their submitted lawsuit. One of the issues pertains to the connection between the arguments that are the basis of the lawsuit and the content of the demands.

"So, we are still working on repairs (the lawsuit). "On May 16, we will prepare anything that is deemed lacking for good," said Gaius.

If we refer to the PDI-P lawsuit, this is more about public administration. Because the lawsuit relates to what policies were taken or not taken by the state organizer, in this case the KPU. PDI-P sees that there was an unlawful act carried out by the KPU in allowing Gibran, the eldest son of President Joko Widodo, to run as a vice presidential candidate with Prabowo.

So, it's still being repaired (lawsuit). On May 16th we will prepare anything that is considered lacking for good.

KOMPAS/RONY ARIYANTO NUGROHO

The issue of air pollution is not new. The situation where the community is threatened by air pollution has been ongoing for a long time. There is no shortage of research showing the threats posed by the impact of air pollution. However, this has not yet led to significant efforts to control air pollution. As a result, residents are increasingly suffering from the effects of air pollution. The presidential and vice-presidential candidates, Prabowo Subianto and Gibran Rakabuming Raka, along with the Chairman of the General Election Commission Hasyim Asy'ari (on the right), registered for the 2024 Presidential Election at the Main Hearing Room of the General Election Commission in Jakarta on Wednesday, October 25th, 2023.

The hope is that Gibran will not be appointed

Gaius realized that the PTUN's decision would not have the authority to cancel the decision of the Constitutional Court (MK) which had confirmed Prabowo-Gibran as elected president-vice president in the 2024 Presidential Election. However, he asked This issue is seen from a broader legal dimension, where there was a violation committed by the KPU when it approved Gibran as Prabowo's cawapres.

The State Administrative Court judge will determine whether there has been a violation of the law by the General Election Commission (KPU) or not. If a violation is found, administrative action must be taken. Our request is for Gibran not to be inaugurated (as vice president).

Gibran has passed as a vice presidential candidate after the Constitutional Court's Decision Number 90 that granted the requirement for a vice presidential candidate's age to be lowered from a minimum of 40 years to have previously served as a regional leader. This is considered an unlawful act committed by state apparatuses who use state resources to benefit the Prabowo-Gibran pair.

"The PTUN judge will decide whether there has been a legal violation by the KPU or not. If there is a violation found, then administrative action needs to be taken. Our request is for Gibran not to be inaugurated (as vice president)," said Gayus.

KOMPAS/RONY ARIYANTO NUGROHO

Gaius Lumbuun

If it is proven that the KPU has committed illegal violations, according to Gayus, the decision of the State Administrative Court (PTUN) will become the basis for the MPR not to inaugurate Gibran. The MPR will judge and decide whether a product that is initiated by breaking the law can be executed.

If the people demand that someone not be appointed because they were found to have committed a legal violation, well, that is very likely to happen. So, they may not be appointed.

"If the people demand not to appoint [officials] because they have been found to have committed illegal acts, that is very possible to happen. So, it is possible not to be appointed," said Gayus.

Meanwhile, KPU's legal representative, Saleh, admitted to not understanding the subject of the lawsuit filed by PDI-P's legal team. According to the PTUN invitation letter to KPU, it was stated that the material of the lawsuit is KPU Decree Number 360 of 2024 which sets Prabowo-Gibran as the winner of the 2024 election for president and vice-president. However, according to Saleh, Decree Number 360 has already been confirmed by MK.

So, because of that, we confirm earlier, as the KPU's representatives, why is the object of the lawsuit being filed is SK Number 360? Why? Because Decree Number 360 has been decided by the Constitutional Court.

"So, because of that, we confirmedearlier, as the KPU's authorities, why is the object of the lawsuit being filed is SK Number 360? Why? "Because Decree Number 360 has been decided by the Constitutional Court," said Saleh.

KOMPAS/NIKOLAUS HARBOWO

The KPU's attorney, Saleh, gave a statement to journalists afterward

Due to the unclear object of the lawsuit, Saleh stated that he could not yet provide a response from the KPU regarding the proceedings on Thursday (2/5/2024). He also questioned the contents of the PDI-P petitum requesting that the PTUN judge declare that the KPU has committed a legal violation. The decision will then be used as a reference for the MPR to not inaugurate Gibran in the future.

The issue of air pollution is not new. The situation of the community being threatened by air pollution has been going on for a long time. There is also a considerable amount of research evidence showing the threats posed by the impact of air pollution. However, these facts have not yet been able to lead to significant efforts in controlling air pollution. As a result, residents are increasingly suffering and struggling to live under the burden of air pollution. During the inquiry, if the question asked is related to the annulment of Gibran's inauguration, is it related to the lawsuit against the determination of the candidate pair registration or the determination of the election results? Are they connected or separate? We are still unable to confirm the answer from the legal representative of PDI-P, and maybe it will be answered in the next session.

"That was also conveyed in the petition from PDI-P. However, the council asked, if the request is related to the revocation of Gibran's inauguration, is it related to the lawsuit against the appointment of the candidate or the appointment of the results. Will it be treated as one or separate issues? We are also still unable to confirm the answer from PDI-P's legal counsel, which may be answered in the next hearing," said Saleh.

Also read: Chief Justice of the Constitutional Court Dismissed, Gibran: We Respect the Decision

Furthermore, Saleh assessed that if the SK being sued is KPU's Number 360 SK, then PTUN has no authority to adjudicate it. This is because the court that has the right to adjudicate the 2024 election dispute results is only MK.

"If this is related to the object of the initial lawsuit, the Administrative Court Law states that Article 2 letter g is not included in the matters that can be brought to the Administrative Court related to election results. Therefore, it is not within the authority of the Administrative Court to judge if the object is SK 360 as referred to by the Administrative Court's summons to the Elections Commission," Saleh said.