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Court overturns ruling demanding election delay

The high court overturned a lower court’s controversial decision to postpone the 2024 elections by two years, thus offering legal certainty for the ongoing electoral process to continue apace.

Nur Janti and Dio Suhenda (The Jakarta Post)
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Jakarta
Wed, April 12, 2023

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Court overturns ruling demanding election delay General Elections Commission (KPU) members (left to right) Agus Mellaz, Idham Holik and Mochammad Afifuddin give a press conference in Jakarta on March 24. They addressed the commission’s appeal against the Central Jakarta District Court’s ruling in favor of the Prima Party’s request to postpone next year’s general election. (Antara/Reno Esnir)
Indonesia Decides

The Jakarta High Court on Tuesday overturned a lower court’s controversial decision to postpone the 2024 elections by two years, thus offering legal certainty for the ongoing electoral process to continue apace.

The court had granted an appeal lodged by the General Elections Commission (KPU), which contested a Central Jakarta District Court order from March 2 to cease all election activities because of a complaint lodged by minnow party Prima, whose application to run was denied.

It argued the lower court had overstepped its jurisdiction and had no authority to make decisions on election disputes, which could only be managed by the Election Supervisory Agency (Bawaslu) and the Jakarta State Administrative Court (PTUN). It noted the latter two institutions had already rejected the same lawsuit.

“[We hereby] declare that a general court [such as a district court] has no competent authority to try the case,” judge Sugeng Riyono said, reading out the verdict.

An outpouring of relief followed the high court’s decision, with various stakeholders offering various musings on the importance of legal certainty.

Coordinating Political, Legal and Security Affairs Minister Mahfud MD welcomed the verdict by saying the elections should take place as scheduled.

"All parties now must concentrate on the 2024 elections, which will remain on the initial schedule," Mahfud told the press in Jakarta on Tuesday.

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