Lack of self-restraint
In a desperate move, Prima Party took its case outside the electoral law enforcement channels and filed a civil lawsuit against KPU, claiming unlawful acts, with the Central Jakarta District Court. In Case 757/ Pdt.G/2022/PNJkt.Pst, it questioned KPU’s follow-up to Bawaslu Decision 002/PS.REG/BAWASLU/X/2022, and argued that KPU did not fully implement the decision, which resulted in its failure to contest GE2024.
The KPU’s unlawful act was considered detrimental to Prima Party, both materially and immaterially. In its lawsuit, Prima Party demanded that KPU pay material compensation of Rp500,000,000 which is the amount it spent on the administrative registration and verification process.
And to compensate for its immaterial losses, it demanded that the remaining stages toward GE2024 be halted, and the process repeated two years, four months and seven days after the decision was read out, which is the estimated time frame the KPU needs to carry out the 11 types of activities in preparation for the elections based on its Regulation 3/2022.
Prima Party also requested that the decision be implemented immediately (uitvoerbaar bij voorraad) even though might KPU appeal. Shocking and unprecedented, Prima Party’s petition was approved in its entirety by the Central Jakarta District Court.
In this matter, Article 167.6 of Law 7/2017 stipulates that the electoral preparatory stages begin no later than 20 months before voting day. Therefore, if the election stages are to be repeated from scratch after the court’s decision is pronounced, it means that the election would be held in November 2024 instead of February 14, 2024 as previously scheduled. Meanwhile, according to the Article 7 of the 1945 Constitution, President Joko Widodo will end his term October 20, 2024. This means that the president and vice president elect must be sworn in on October 20, 2024.
Therein lies the problem with the constitutionality of the Central Jakarta District Court decision. First, there is debate about its authority in adjudicating electoral dispute cases, although Prima Party argued that they questioned the civil aspect regarding the losses they suffered due to the KPU’s carelessness, unprofessionalism and inaccuracy in carrying out administrative verification. That the legal issue brought before the Central Jakarta District Court has never been formally settled by either Bawaslu or the Jakarta Administrative Court, as its legal objections were accepted by both.
The contents of the Central Jakarta District Court ruling apparently did not only concern Prima Party’s civil rights. The Central Jakarta District Court judges were unable to refrain from deciding on a case that is not within their jurisdiction. The decision also infringed on the rights of other political parties to contest, according to the schedule set by the KPU. It also impeded the public’s rights to exercise their right to vote in a timely or regular election as stipulated by Article 22.e of the 1945 Constitution which states that “General elections shall be held directly, publicly, freely, confidentially, honestly and fairly every five years.”
Second, the decision of the Central Jakarta District Court to postpone the election violates the constitutional limitations on government powers, particularly regarding the presidential term of office, as stipulated in Article 7 of the 1945 Constitution. There is also no mechanism available in the Constitution or existing laws and regulations if there is a vacuum in state and government leadership, because no successor was elected until the end of the term. This also applies to the legislative institutions (DPR, DPD and DPRD).
It also run counter to principles of constitutional democracy, in particular the rule of law which requires the application of legal norms and procedures in a fair and equal manner to all citizens. It can be concluded that the decision was made without a valid legal basis, so it can be classified as an ultra vires act.