The Panel of Judges at the Central Jakarta District Court has ordered the General Elections Commission to postpone the 2024 elections.
The decision began with a civil lawsuit filed by the Prima Party because it did not pass the political party verification process. The lawsuit was registered at the Central Jakarta District Court with administrative number 757/Pdt.G/2022. In the decision, delivered by the Chairman of the Panel of Judges T Oyong, on Thursday, 2nd March 2023, the bench ordered the General Elections Commission as the defendant to postpone the elections until at least 2025.
The Panel of Judges stated that the General Elections Commission had committed an unlawful act, referring to the Prima Party not meeting the requirements at the administrative verification stage.
A number of experts considered that the decision exceeded jurisdiction and violated the constitution. Constitutional Law expert Feri Amsari said that the decision handed down by the Central Jakarta District Court should have been a civil matter.
“If it’s a matter of administrative verification, if it’s a civil matter, just fix it by a court decision. But, how come you suddenly jump to the issue of public law, namely the issue of the stages of holding elections so that from private law to public law, what’s the story?” queried Amsari.
Previously, the General Elections Commission as the defendant had made a defence or exception to the lawsuit, stating they consider that the lawsuit, filed by the Prima Party, is vague or unclear. However, the Central Jakarta District Court rejected the argument.
“Rejecting the defendant’s exception regarding the plaintiff’s lawsuit being vague/unclear (Obscuur Libel),” said the verdict.
There are at least seven points in the decision read out by the Panel of Judges at the Central Jakarta District Court regarding lawsuit 757/Pdt.G/2022. The following are the seven points of the decision:
- Accept the plaintiff’s lawsuit in its entirety.
- Declare that the plaintiff is a political party that has suffered losses in administrative verification by the defendant. Declare the defendant has committed an unlawful act.
- The defendant is ordered to pay material compensation of Rp500 million to the plaintiff.
- Order the defendant not to carry out the remaining stages of the 2024 General Election since this decision was pronounced and carry out the General Election stages from the beginning for approximately two years four months seven days.
- Declare that the decision, in this case, can be implemented immediately.
- Determine that the cost of the case be charged to the defendant in the amount of Rp410,000.