Beranda LAW All Lawsuits for Administrative Violations of KPU foundered in the Hands of...

All Lawsuits for Administrative Violations of KPU foundered in the Hands of Bawaslu, the Partai IBU sued to the Administrative Court and Judicial Review at the Supreme Court

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Partaiibu.com – Jakarta, Launching news on KOMPAS.com ( Link : https://www.msn.com/id-id/berita/nasional/seluruh-gugatan-pelanggaran-administrasi-kpu-kandas-di-tangan-bawaslu/ar-AA11NxJg?ocid=EMMX ) which was also broadcast by www.msn.com that the Indonesian Election Supervisory Body (Bawaslu) rejected all reports of political parties that failed to pass registration Election 2024 due to incomplete files.

For information, previously, the nine political parties were the Indonesia Bangkit Bersatu Party (PARTAI IBU), Partai Pelita, PKR, PBI, Pandai, Pandu Bangsa, Masyumi, Kedaulatan, dan Reformasi.

They considered that the KPU RI had committed administrative violations during the registration of political parties as candidates for the 2024 General Election which took place from August 1-14.

On average, they complained about the obstacles to the Sipol (Political Party Information System), the Indonesian KPU’s application to collect registration files online, and complained that the KPU was considered not to carefully examine the physical documents of party registration.

However, in courts of decisions of nine political parties that took place separately, their arguments could not be proven.

Bawaslu RI stated that the KPU has worked according to the procedures, procedures and mechanisms that have been regulated in accordance with the legislation.

“The trial, stated that the reported party was not legally and convincingly proven to have committed a violation of the election administration,” reads the verdict on the 9 reports of political parties.

Last option in Pengadilan Tata Usaha Negara (PTUN)

In total, there were 16 political parties registering for the 2024 General Election whose files were returned by the Indonesian KPU because they were incomplete, compared to 24 political parties that passed.

That means, the 16 political parties cannot proceed to the administrative verification stage and fail in their bid to participate in the 2024 General Election.

A total of 14 of the 16 parties reported the KPU to Bawaslu for alleged administrative violations in the registration process.

However, five reports failed prematurely in the preliminary hearing because they were deemed not to meet the formal and material requirements.

The five parties are the Village Awakening Movement Party (Perkasa), United Nation, Karya Republik (Expert), Berkarya, and Congress.

Now the 14 parties, on paper, have certainly failed to participate in the 2024 General Election. The last hope is to file a similar lawsuit through the State Administrative Court (PTUN).

This option is not without hope. In the 2019 Election, the Indonesian Justice and Unity Party (PKPI) and the Crescent Star Party (PBB) were later named as election participants on the orders of the Administrative Court which won the appeals of the two parties.

However, at that time, both parties filed an appeal against the Bawaslu decision after it was declared not to have passed the factual verification stage (the administrative post-verification stage).

Meanwhile, at this time, the trials at Bawaslu have only decided on allegations of administrative violations at the registration stage.

KPU admits that it is ready to fight

KPU welcomes Bawaslu’s decision. According to them, these decisions prove that they have worked according to procedures in the registration stage of political parties as candidates for the 2024 General Election.

“It means that what the KPU did in the registration process yesterday is correct,” said the Coordinator of the Legal and Supervision Division of the Indonesian KPU, Mochamad Afifuddin, to reporters on Tuesday (13/9/2022).

The man who is familiarly called Afif said that the KPU RI was ready to take on the next resistance that the parties might launch.

The existing mechanism allows these parties to file a lawsuit against the State Administrative Court (PTUN).

Afif believes that the Indonesian KPU has worked according to the procedures in registering political parties as candidates for the 2024 General Election on August 1-14, so he admits that he is ready to face the risk of being sued again in the Administrative Court.

“Like it or not, we have to be ready to face all these risks,” he said.

“What is certain is that of the 9 cases that went to trial, at least the assembly has decided that there were no administrative violations at all by the KPU. And hopefully the process in the future will be better,” said the former commissioner of the Indonesian Election Supervisory Body.

Partai IBU Not only sues to the Administrative Court, but also conducts a Judicial Review to the Supreme Court of the Republic of Indonesia

Dr. (Cand.) Erlangga Lubai, SH., MH. who represents the Partai IBU as principal and legal counsel along with the Chairman of the Central Executive Board for Media and Communications of the IBU Party, Dharma Leksana, S.Th., M.Si. in his press conference said that the Partai IBU is here to build INDONESIA SEHARUSNYA.

Erlangga said, “Currently the Partai IBU is in good condition, we have even registered a lawsuit with the Administrative Court to resolve this dispute. And long before the RI Bawaslu decided on an administrative dispute with the RI KPU and stated that the RI KPU had followed the procedure, the Partai IBU had already made a Judicial Review at the Supreme Court of the Republic of Indonesia and registered it on September 1, 2022. From the beginning we had expected something like this to happen, so I emphasize that the PARTAI IBU will continue to fight for Indonesia. The democratic process must be fought for. And the Partai IBU is not here to enliven, but the Partai IBU is here to Win,” he said at the secretariat office of the IBU Cempaka Putih Party, Central Jakarta (15/09/2022).

Dharma Leksana added, “The Partai IBU was born to be a party that upholds justice and defends the truth as stated in its Vision and Mission. Upholding justice in its implementation is obeying the law as a pillar of the state based on law. The law as the supreme commander must be guarded and respected, not randomized for the benefit of a group of people or groups. And the order of the General Chairperson of the IBU Party, Dr. Dr. Zulki Zulkifli Noor, ST., SH., MH., M.Kn., MM. It is very clear that the PARTAI IBU must fight against injustice, uphold the truth based on the laws and regulations that apply as the spirit/spirit of the Republic of Indonesia to carry out its functions. All citizens are equal before the law (equal before the law),” he concluded.

(Adil Sadana/ Red.)

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