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Constitutional Law Expert Criticizes DKPP Decision on KPU Chairman

CNN Indonesia

Tuesday, 06 Feb 2024 18:26 IWST

DKPP decided that the KPU chairman violated the code of ethics because he accepted Gibran’s registration as vice presidential candidate. (ANTARA FOTO/Aditya Pradana Putra)

Jakarta, CNN Indonesia

Professor of Constitutional Law at Pakuan Bogor University, Andi Asrun, assessed the decision of the Election Organizer Honorary Council (DKPP) which states that the Chairman of the General Election Commission (KPU) and six of its members violated the code of ethics regarding the registration of candidate number 2, Gibran Rakabuming Raka, which was a big mistake.

According to him, the KPU’s steps were correct because they implemented the Constitutional Court (MK) decision self executing or it can be implemented directly without requiring additional rules.

“In my opinion, the DKPP decision was a big mistake, a big mistake. The KPU only implemented the MK decision which was final and final self executingso he no longer needs to regulate its implementation,” said Andi in a written statement, Tuesday (6/2).

Andi also believes that DKPP made a mistake by issuing a decision without inviting the two parties who would be affected. According to him, DKPP should have taken balanced steps from the start.

“The DKPP should invite parties who will be affected by the DKPP’s decision, equally. So they must hear from both parties, but that’s not what the DKPP does,” he explained.

He believes that the mistakes made by DKPP can be challenged by the KPU. According to him, the KPU can file a lawsuit with the PTUN because the DKPP decision is not final like the MK decision.

“This DKPP decision can be challenged at the PTUN by people who feel they have been disadvantaged, or the public who feel that this DKPP decision is morally, legally and constitutionally contradictory,” he said.

“That’s what I think is problematic. I see that the DKPP has committed an act against the law. The KPU implemented the Constitutional Court’s decision, according to its duties, but then it was blamed,” he added.

Previously, DKPP gave strong warning sanctions to KPU Chairman Hasyim Asy’ari and six of his members. The sanctions were given because the KPU accepted Gibran Rakabuming Raka’s registration as a vice presidential candidate (cawapres).

The imposition of sanctions was read out by the Chairman of the Indonesian DKPP Heddy Lugito in sessions 135-PKE-DKPP/XXI/2023, 136-PKE-DKPP/XXI/2023, 137-PKE-DKPP/XXI/2024, and 141-PKE-DKPP/XXI/ 2023. All of these cases question Gibran’s registration as vice presidential candidate.

“Imposing a final stern warning sanction to Hasyim Asy’ari as the first defendant, as chairman and member of the General Election Commission, will take effect from the moment this decision is read,” said Heddy.

DKPP stated that the Chair of the KPU and six of its members, namely Yulianto Sudrajat, August Mellaz, Betty Epsilon Idroos, Idham Holik, Muhammad Afifuddin, and Parsadaan Harahap had violated several articles in DKPP Regulation Number 2 of 2027 concerning the Code of Ethics and Guidelines for Election Organizers.

Some of the articles that were violated were Article 11 letters a and c, Article 15 letter c and Article 19 letter a.

However, Gibran’s status as vice presidential candidate will not be affected by the DKPP decision.

“No [terdampak putusan DKPP]. This is a purely ethical decision that has nothing to do with candidacy. Nothing,” said Heddy.

“It has nothing to do with nominations either. This is purely a matter of ethics. Purely a matter of the ethics of election organizers. So there is no connection,” he added.

(yoa/DAL)

Watch the Video Below:

2024-02-06 11:26:28


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