Window of Indonesian democracy

Jakarta Central District Court Orders Election Postponement!

Illustration of the General Elections Commission (KPU) building (KOMPAS.com/ADHYASTA DIRGANTARA)
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Jakarta, Indonesianpost.com – The Jakarta Central District Court has granted a lawsuit filed by the Prima Party against the General Elections Commission (KPU). The court has ordered the KPU to postpone the elections.

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The civil lawsuit against the KPU was filed by the Prima Party on December 8, 2022, with case number 757/Pdt.G/2022/PN Jkt.Pst, and was granted on Thursday, March 2, 2023.

The Prima Party felt that it had been disadvantaged by the KPU’s administration verification process, which was established in the Recapitulation of the Results of Administration Verification of Political Parties as Candidates for Elections. As a result of the verification, the Prima Party was deemed Not Eligible (TMS) and was unable to participate in the factual verification.

After examining and scrutinizing the documents, the Prima Party discovered that some of the documents that had been previously deemed TMS had actually met the requirements and only a small portion had issues. The Prima Party also claimed that the KPU was not meticulous enough in its verification process, which resulted in its disqualification in 22 provinces.

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As a result of the KPU’s mistakes and lack of meticulousness, the Prima Party claimed to have suffered immaterial losses that have affected its members throughout Indonesia. Therefore, the Prima Party requested that the Jakarta Central District Court order the KPU not to carry out the remaining stages of the 2024 elections for approximately 2 years, 4 months, and 7 days from the date the verdict was read.

“The Defendant is ordered not to carry out the remaining stages of the 2024 General Election from the date this verdict is pronounced and to carry out the General Election stages from the beginning for approximately 2 (two) years, 4 (four) months, and 7 (seven) days,” read the verdict, which was granted by the chairman of the panel, T. Oyong, and members Bakri and Dominggus Silaban.

Here is the complete verdict:

In the Exemption:

Rejecting the Defendant’s Exemption regarding the Plaintiff’s Obscuur Libel lawsuit.

In the Main Case:

  1. Accepting the Plaintiff’s lawsuit in its entirety;
  2. Declaring that Plaintiff is a political party that has been disadvantaged in the administrative verification by Defendant;
  3. Declaring that the Defendant has committed an Unlawful Act;
  4. Sentencing Defendant to pay material compensation in the amount of IDR 500,000,000 (five hundred million Rupiah) to Plaintiff;
  5. Sentencing the Defendant to not carry out the remaining stages of the 2024 General Election starting from the date this verdict is announced, and to conduct the General Election stages from the beginning for a period of approximately 2 years, 4 months, and 7 days;
  6. Declaring that this verdict may be immediately executed (uitvoerbaar bij voorraad);
  7. Deciding that the case costs are borne by the Defendant in the amount of IDR 410,000 (four hundred and ten thousand Rupiah).
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