Suara.com – Member of Commission II of the House of Representatives of the PDIP Faction M Rifqinizamy Karsayuda believes that the decision of the Central Jakarta District Court (PN Jakpus) which penalizes the KPU for delaying the 2024 election stages will not be immediately executed.
This is because the Central Jakarta District Court’s decision was based on a civil lawsuit.
“In my view, a decision on a civil case does not necessarily have an executorial title to be executed in order to postpone state administration election stages,” said Rifqinizamy to journalists, Thursday (2/3/2023).
“And because of that, the decision in my view could be a decision that was in vain carried out by the court,” he continued.
Also Read: Losing Lawsuit, KPU Ordered to Postpone Elections
He also admitted that he regretted the court decision, because the court decision provided legal certainty for the Prima Party on one side, but then presented legal uncertainty and injustice for the other parties.
“It gave rise to legal confusion, where later on the civil losses of the prima party stated in the decisions, we were ordered to repeat the existing stages,” he said.
According to him, the consequence of repeating the stages that have already been carried out is of course stalling for time or referred to by the parties as the postponement of the General Elections from 2024 to 2025.
He said, if that happened, there would be a lot of constitutional problems that would be presented, among others, state institutions whose term of office expired in 2024, would not get legal recourse to be extended through the court’s decision.
“Therefore, once again, I deeply regret this court’s decision. In my opinion, this court’s decision is far from the aroma of justice, legal certainty and the benefits of law as the basic teachings of the law itself,” he concluded.
Decision
Previously, the District Court or Central Jakarta District Court decided to grant the lawsuit filed by the Prima Party against the General Elections Commission or KPU after it was declared unable to participate as a participant in the 2024 election.
In its decision, the Central Jakarta District Court granted the decision to punish the KPU for delaying the holding of the upcoming 2024 elections.
The decision was issued or knocked out by the Central Jakarta District Court on Thursday (2/3/2023). After previously, Prima Party filed its lawsuit on December 8, 2022 with case register number 757/Pdt.G/2022/PN.Jkt.Pst.
In this case, the Prima Party as the plaintiff is a political party that was harmed in the administrative verification as a participant in the 2024 Election by the defendant, namely the KPU.
Then in its decision the Central Jakarta District Court stated that the KPU had committed an unlawful act.
Until finally, the Central Jakarta District Court stated, the KPU as the defendant was punished not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and to carry out the General Election stages from the beginning for approximately 2 (two) years 4 (four) months 7 (seven) days.
“Punish the Defendant not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carry out the General Election stages from the beginning for approximately 2 (two) years 4 (four) months 7 (seven) days,” wrote the Central Jakarta District Court decision.
“Declaring that the decision of this matter can be carried out in advance immediately (uitvoortbaar bij voord);,” he continued.
The following is the complete decision of the Central Jakarta District Court:
In Exception.
Rejecting the Defendant’s Exceptions regarding the Plaintiff’s Lawsuit is Obscure/Unclear (Obscuur Libel);
In the Matter.
Accept the Plaintiff’s lawsuit in its entirety; Declare that the Plaintiff is a political party that has suffered losses in administrative verification by the Defendant; Declare that the Defendant has committed an unlawful act; Punish the Defendant with paying material compensation of Rp. 500,000,000.00 (five hundred million rupiah) to the Plaintiff; Punish the Defendant not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carry out the General Election stages from the beginning for approximately 2 (two) years 4 (four) months 7 ( seven) days; Declare that the decision of this case can be carried out immediately (uitvoerbaar bij voorraad); Determine that the costs of the case will be charged to the Defendant in the amount of Rp.410,000.00 (four hundred and ten thousand rupiah).