JAKARTA, Legal Literacy - DKPP Sanctions KPU Chairman Regarding Gibran Rakabuming Raka's Registration. The Election Organizer Ethics Council (DKPP) announced the final severe warning sanction to the Chairman of the General Election Commission (KPU), Hasyim Asy'ari, on Monday (5/2/2024). The sanction was given because Hasyim Asy'ari was considered to have violated the code of ethics in processing the registration of Gibran Rakabuming Raka as a vice presidential candidate.

Reason for Violating the Code of Ethics

Hasyim Asy'ari was declared to have violated the code of ethics for not changing the minimum age requirement for presidential and vice presidential candidates, in accordance with the Constitutional Court Decision Number 90/PUU-XXI/2023, in KPU Regulation Number 19 of 2023. "Hasyim Asy'ari as defendant 1 is proven to have committed a violation of the code of ethics and guidelines for the behavior of Election organizers," said DKPP Chairman Heddy Lugito when reading out the verdict at the trial in Jakarta.

In addition to DKPP Sanctioning the KPU Chairman Regarding Gibran Rakabuming Raka's Registration, DKPP also issued a stern warning to six KPU Commissioners, namely August Mellaz, Betty Epsilo Idroos, Mochamad Afifuddin, Yulianto Sudrajat, Parsadaan Harahap, and Idham Holik.

Considerations for the DKPP Decision

The considerations for the DKPP's decision highlighted the KPU's delay in consulting with the House of Representatives (DPR) and the government after the Constitutional Court Decision on October 16, 2023. According to DKPP Member I Dewa Kade Wiarsa Raka Sandi, the KPU should have immediately consulted to revise KPU Regulation Number 19 of 2023 as a technical regulation for the presidential election in accordance with the impact of the Constitutional Court's decision. "The defendants only submitted a consultation to the DPR on October 23, 2023, or 7 days after the Constitutional Court's decision was pronounced," said Wiarsa.

The DKPP also considered that the KPU's reasons regarding the delay in submitting the consultation were not appropriate. Wiarsa stated, "The DKPP is of the opinion that the defendants' argument is refuted because during the recess a hearing can be held, as regulated in Article 254 Paragraph 4 and Paragraph 7 DPR Regulation Number 1 of 2020 concerning Rules of Procedure."

KPU Commissioners Late in Consulting with the DPR

In addition, the DKPP noted that the KPU commissioners first sent letters to the leaders of political parties before consulting with the DPR and the government after the Constitutional Court's decision. This is considered a deviation from KPU Regulations. "The defendants in complying with the Constitutional Court's decision by first sending letters to the leaders of political parties is an inappropriate action and not in accordance with the mandate of Article 10 of KPU Regulation Number 1 of 2022 concerning Procedures for the Formation of Regulations and Decisions within the KPU," said Wiarsa.

Basically, the DKPP emphasized that the defendants should have been more responsive to changes in the requirements for presidential and vice-presidential candidates for 2024 after the decision of the Constitutional Court. There are four complaints against all commissioners of the KPU RI regarding the ethical case of Gibran's candidacy This. The four cases were reported by Demas Brian Wicaksono, Iman Munandar B, P.H. Hariyanto, and Rumondang Damanik.

DKPP Sanctions KPU Chairman Regarding Gibran's Registration

Previously, the KPU accepted Gibran's registration on October 25, 2023, even though based on KPU Regulation Number 19 of 2023, Gibran should not have been eligible because he was not yet 40 years old. The KPU changed these requirements after revising PKPU Number 19 of 2023 on November 3, 2023.