The Indonesian Democratic Party of Struggle (PDIP) Legal Team has undergone an evidentiary hearing regarding PDIP’s lawsuit once morest the General Elections Commission (KPU) at the State Administrative Court (PTUN) Building in Jakarta, Thursday (18/7).
Head of the PDIP Legal Team Gayus Lumbun revealed that based on the available evidence, the KPU is said to have violated the law because it did not carry out the mandate of the law regarding procedures following the Constitutional Court’s decision No. 90 regarding the minimum age limit for presidential and vice presidential candidates.
“The KPU Chairman has committed a violation of the law. Where the KPU did not carry out the mandate of the Law on the Formation of Legislation, articles 9 and 10, which mandate that the Constitutional Court’s decision be brought to the DPR first for a Public Hearing (RDPU). But the KPU Chairman did not do so. I consider this a violation of the law by state administrators because they did not obey the law,” said Gayus.
Because it was procedurally violated, Gayus said that Gibran Rakabuming Raka’s nomination as a presidential candidate in yesterday’s presidential election should not have been accepted. Because the Constitutional Court’s decision had not gone through the process according to the mandate of the law.
“Therefore, he (Gibran) should not be inaugurated. He is problematic (procedurally). The statement from the former Constitutional Court judge, Mr. Maruarar Siahaan also said that the decision was legally flawed. It was proven to be flawed because it was not sent to the DPR (for the RDPU). How is that possible? This means that the Constitutional Court’s decision on the age limit is invalid,” he explained.
Gayus emphasized that what was questioned in his lawsuit was solely regarding administrative violations that were not carried out by the election organizing institution, namely the KPU. Because procedurally it had been violated, Gayus considered that Gibran’s nomination should not be valid and he had no right to be inaugurated as vice president. So only Prabowo Subianto can be inaugurated as president and the vice president will be elected through the MPR.
“So only Mr. Prabowo was inaugurated, because there was no problem. This is not regarding winning and losing in this PTUN. But if it is considered, that the KPU has made a mistake and violated the law, not brought to the DPR, then we consider this our victory. As for the injunction, it might be related to this and that. I do not want to interpret that,” he said.
“But for us, if it is recognized in the judge’s consideration, that the KPU is wrong, not brought to the DPR, to the people’s house, to be submitted to the RDPU there, suddenly it is directly enforced, is this wrong or not? All experts say it is a violation,” he added. (Z-6)
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