TEMPO.CO, Jakarta – Constitutional law expert Bivitri Susanti said that the panel of judges had made a mistake in adjournment 2024 election. In fact, he considered the decision to be a form of violation of the constitution.
Bivitri said referring to the 1945 Constitution, general elections must be held every five years. Because of this, the Election Law is not given any room at all to postpone national elections.
“Indeed, there is Article 400 which mentions elections in the regions, once again in a non-national area, the term is a follow-up election,” Bivitri said via video statement on Saturday, March 4, 2023.
Apart from that, Bivitri also said that the article also limited the reasons for postponing elections in areas with extraordinary events. For example, he said, there was a natural disaster or other emergency that required the holding of elections in the regions to be postponed.
“For example, there was an earthquake like the one in Cianjur yesterday, it’s okay to postpone the election for a few months. But not nationally,” he said.
Bivitri also said that the District Court’s decision could not stipulate a postponement of the election. Because, according to him, it is not the domain of the district court to determine the postponement of the election. “Not through court decisions, but through regulations KPU,” said the Mechanical Law High School instructor.
In addition, Bivitri said the lawsuit Prime Party over the KPU is not the authority of the District Court to adjudicate. Because, he said that Prima’s lawsuit was the realm of state administration, not civil law.
“But what’s strange is that if there are elements against the law from the authorities, they should be brought to the State Administrative Court, but accepted at the District Court,” he said.
Finally, Bivitri said that in the civil realm bound by the private concept. Thus, he said the impact of the decision from the civil court should only be felt by the plaintiff and the defendant. “Not for the public. So this is the reason why this decision is wrong,” said Bivitri.
Previously, the Central Jakarta District Court granted the Prima Party’s lawsuit against the KPU because it felt disadvantaged because it did not pass the election administration results.
“Punished the defendant (KPU) not to carry out the remaining stages of the 2024 Election since this decision was pronounced and to carry out the General Election stages from the beginning for approximately 2 years 4 months and seven days,” as quoted from a copy of the decision, Thursday, March 2, 2023.
Meanwhile, the KPU will pursue an appeal against the decision of the Central Jakarta District Court. KPU commissioner Idham Holik stated emphatically that his party rejects the Central Jakarta District Court’s decision.
“KPU RI will appeal against the PN’s decision. KPU firmly reject the District Court’s decision and submit an appeal,” said Idham when contacted, Thursday, March 2, 2023.
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