Yusril: PN Jakpus made a mistake in delaying elections!

Yusril Ihza Mahendra (Photo: PMJ News)

MANGENJANG.COM - According to a recent ruling by the Jakarta Central District Court (PN Jakpus), the elections are to be postponed due to a lawsuit filed by Partai Prima against the General Elections Commission (KPU).

However, constitutional law expert, Professor Yusril Ihza Mahendra, believes that PN Jakpus made a mistake in this case.

Yusril stated that Partai Prima's lawsuit was a civil suit against an unlawful act, rather than a suit against unlawful actions by those in power or related to public law in the field of constitutional or state administration.

He also pointed out that the ruling only binds the plaintiff and defendant, and not any other parties.

Yusril explained that if PN Jakpus did decide to uphold Partai Prima's lawsuit, the KPU should be required to conduct a re-verification of Partai Prima without interfering with other parties or the election process.

"I am of the opinion that the panel of judges has made a wrong decision in this case. In fact, the lawsuit filed by the Prima Party is a civil lawsuit, namely a lawsuit for unlawful acts, not a lawsuit for unlawful acts by the authorities, nor is it a lawsuit related to public law in the constitutional field. or state administration," Yusril told reporters, Thursday (2/3/2023).

He also noted that this is a matter for the Election Supervisory Board (Bawaslu) and the Administrative Court (Pengadilan TUN) to resolve, rather than the Constitutional Court or the Supreme Court.

"It does not involve other parties, apart from the Defendant or the Defendants and Co-Defendant, if any. Therefore, a decision to grant in an ordinary civil dispute is only binding on the plaintiff and the defendant, cannot bind other parties. The decision is not generally accepted and binds anyone just or 'erga omnes'," he said.

In summary, Yusril believes that the recent ruling by PN Jakpus was based on a mistaken understanding of the nature of the lawsuit filed by Partai Prima.

"So if the assembly is of the opinion that the Prima Party lawsuit has legal grounds, then the KPU must be punished to re-verify the Prima Party, without having to 'disturb' other parties and disrupt the election stages. This is actually not the material for a PMH lawsuit but an election administration dispute lawsuit. the procedure must be carried out at the Bawaslu and the TUN Court," said Yusril.

While the KPU may need to take corrective action, this should not interfere with the overall election process or other political parties.***