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Partai IBU Files Lawsuit To Supreme Court and Administrative Court After Bawaslu Decided that the Indonesian KPU Did not Violate Procedures

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Partaiibu.com – Jakarta | Reporting news from kompas.com that the Election Supervisory Body (Bawaslu) of the Republic of Indonesia stated that the General Election Commission (KPU RI) of the Republic of Indonesia was not proven to have violated the election administration as reported by the Indonesia Bangkit Bersatu Party ( Partai IBU).

Previously, the KPU RI was reported to the RI Bawaslu for alleged administrative violations behind the failure of the Partai IBU in the registration stage of the political parties as candidates for the 2024 General Election. The decision was taken based on a plenary meeting of the RI Bawaslu, which was attended by commissioners as examiners, Thursday (8/9/2011). 2022), and read it openly in the verdict hearing on Friday (9/9/2022).

“Judging: stating that the Reported Party (KPU RI) has not been legally and convincingly proven to have committed an administrative violation of the election,” said the Chairman of the Indonesian Election Supervisory Body and Chairman of the Examining Council (Bawaslu RI), Rahmat Bagja, during the examination session, Friday.

Prior to the trial of the verdict, a series of trials had taken place with the agenda of hearing statements from the Partai IBU, KPU RI, witnesses, and experts, as well as evidence and submission of conclusions from each party. The panel of examiners assessed that the RI KPU did not violate the provisions in Article 176 paragraph (3) and Article 177 of Law Number 7 of 2017 concerning Elections in conjunction with KPU Regulation of the Republic of Indonesia Number 4 of 2022.

“That Bawaslu on the results of the examination in the trial concluded that the actions of the Reported Party in processing the registration of the Partai IBU as a candidate for the 2024 General Election were in accordance with the procedures, procedures and mechanisms that have been regulated in the provisions of the legislation,” said Herwyn Malonda as a member of the assembly, examiner in the same trial.

In its consideration, the examining board said that the Partai IBU had registered with the RI KPU as a candidate for the 2024 General Election on August 12, 2022 at 16.00 WIB.

However, the registration document was returned by the KPU RI because it did not meet the requirements such as not being printed from the Sipol (Political Party Information System). The number of management and membership of the Partai IBU also does not meet the provisions in Law Number 7 of 2017 concerning Elections, and is not printed from Sipol.

Bawaslu RI also assessed that the Republic Indonesian KPU had provided an opportunity for political parties, including the Partai IBU on August 14, 2022 at 18:35 WIB, to register with physical documents without going through Sipol. However, the documents of the Partai IBU submitted in the re-registration, whether physical or not, remain incomplete after being checked for completeness by the officers.

Previously, the Partai IBU admitted that it had visited the Indonesian KPU together with regional leaders of Gorontalo, Lampung, West Papua, and Papua to convey the problem of the internet network which was often “blank” so that it hampered the data input process into Sipol.

“The internet network server for implementing the RI KPU’s sipol should be provided perfectly, by preparing a special internet network for filling in the sipol based on the district/city or provincial level offices nationally,” the Partai IBU report reads as read out in the initial examination session.

The Partai IBU considers that their barriers to registering due to Sipol are a form of violation of the RI KPU on Law Number 7 of 2017 concerning Elections and KPU Regulation Number 4 of 2022. Because the two regulations do not require Sipol in the registration stage.

“Based on the description above, Sipol is not a legal basis for passing or not a political party in registering but as a registration management facility. So it is very wrong if the KPU RI makes Sipol as a reference for a political party to pass the registration administration or not,” the Partai IBU  report wrote. Then, the Partai IBU reported the KPU RI to Bawaslu with the report number 003/LP/PL/ADM/RI/00.00/VIII/2022.

And based on the Bawaslu’s decision, Dr. (Cand.) Erlangga Lubai, SH., MH. as the reporter from the Partai IBU said, “On the decision that was taken in the Bawaslu trial on Friday, September 9, 2022, We, the Central Executive Board of the Partai IBU, have agreed to take other legal remedies, for example, we have registered our Judicial Review lawsuit at the Supreme Court of the Republic of Indonesia (Mahkamah Agung Republik Indonesia)  since 01 September 2022 to anticipate Bawaslu’s decision,” he said.

“Currently, we have submitted a request for review of the General Election Commission Regulation Number 4 of 2022 concerning the Registration, Verification and Determination of Political Parties Participating in the General Election of Members of the People’s Representative Council and Regional People’s Representative Council (State Gazette of the Republic of Indonesia of 2022 Number 680) against Law No. – Law Number 7 of 2017 concerning General Elections (State Gazette of the Republic of Indonesia of 2017 Number 182), Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties, Juncto Law Number 2 of 2008 concerning Political Parties and the 1945 Constitution of the Republic of Indonesia. Since the beginning the Partai IBU has been a law-abiding party, so we will continue to seek justice through legal channels in accordance with applicable laws and regulations.” he concluded.

Separate Dharma Leksana, S.Th., M.Si. The head of the DPP Partai IBU ‘s for communication said, “Bawaslu’s decision is a ticket for the Partai IBU to be able to file a lawsuit to the Administrative Court, because the form of the decision is final and binding which can legally be used as a way to get justice in the PTUN. Because if only the File Return Model Letter from the KPU RI that states whether or not the Partai IBU has passed to participate in the 2024 election does not yet have final and binding legal force. So that with the Bawaslu Decree, the Partai IBU is the ticket we need to continue our journey of seeking justice. And now we have prepared formal and material evidence to immediately file a lawsuit to the Administrative Court,” he said.

Furthermore, Dharma Leksana, S.Th., M.Si said, “KPU Decree No. 292 of 2022 which regulates TECHNICAL GUIDELINES FOR ACCEPTING AND VERIFYING REQUIREMENTS FOR REGISTRATION OF POLITICAL PARTIES PARTICIPANTS IN THE GENERAL ELECTION OF MEMBERS OF THE PEOPLE’S REPRESENTATIVE BOARD AND REGIONAL PEOPLE’S REPRESENTATIVE COUNCIL IN THE FORM OF PHYSICAL DOCUMENTS, because it is very exclusive and an oddity, because it is a very exclusive and closed party. The Partai IBU has never received socialization before that the registration of political parties to participate in the 2024 election can be done by physical registration. And it should be noted that the IBU Party only found out about this KPU Decree 292/2022 in the trial held at BAWASLU on August 30, 2022. What is wrong with the Indonesian KPU?” he asked surprised.

(Adil Sadana/Red.)

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