The Election Oversight Agency (Bawaslu) ruled on Monday that the KPU had committed an “administrative violation” in denying the Prima Party’s electoral application and that the party would be allowed to resubmit its application to the poll body within 10 days.

Bawaslu’s decision came after the Central Jakarta District Court sided with the Prima Party in a lawsuit claiming that the KPU had improperly denied it the chance to take part in the 2024 general election. The court ordered the KPU to restart all election processes from scratch, and it set a specific timeframe that effectively pushed the election back from Feb. 14, 2024, to 2025 at the earliest.

“The Prima Party’s streak of victories should serve as a reminder for the KPU to undertake a thorough evaluation of its performance, especially in handling administrative matters, so that upcoming elections will be organized in a more orderly, transparent and accountable manner,” Titi Anggraini of election watchdog the Association for Elections and Democracy (Perludem) told The Jakarta Post on Thursday

“The KPU should do better because public trust in the institution has been an important element in maintaining public faith in the election process and results. This could ultimately affect the legitimacy of the 2024 election,” Titi said.

“It is also important for the KPU to have a solid legal team capable of anticipating any potential problems and lawsuits that may occur during the elections process. If not, the KPU will very easily fail in facing legal disputes with political parties,” Titi added.

Politicians across the spectrum have expressed disappointment with the way the poll body handled the Prima Party lawsuit, accusing it of not taking the matter seriously after a published court document revealed that the KPU did not appoint a lawyer to represent it in the trial.

Junimart Girsang, a legislator from the Indonesian Democratic Party of Struggle (PDI-P), criticized the KPU for presenting “too simple” an argument in its appeal and urged the commission to file addition materials in the appeal “before it’s too late”.

“I have skimmed through the considerations and basis of the appeal. I am pessimistic,” Junimart, who is the deputy speaker of House of Representatives Commission II overseeing home affairs, said on March 15.

Junimar also questioned why the KPU did not retain lawyers to handle legal disputes, saying this alone could derail the election process.

The KPU filed additional materials in its appeal against the Central Jakarta District Court ruling on Monday, consisting of additional arguments, including an objection alleging that the lower court had failed to provide mediation for the parties, which it maintained rendered the trial flawed.

Middle ground

On the other side, election watchdogs have welcomed Bawaslu’s ruling, saying that it could allow the Prima Party dispute to be settled without postponing the election.

“Bawaslu’s ruling should serve as a new legal fact to be considered by the Jakarta High Court in deciding its ruling on the appeal, that some of Prima’s losses have been tried to be recovered through the electoral legal route,” Titi said.

The Prima Party has dismissed suggestions that it was seeking to delay the upcoming poll, insisting that it only sought “to pause the election process” while it reclaimed its right to take part.

“We will withdraw the lawsuit once the KPU hands back our political rights to participate in the 2024 elections,” Prima Party deputy chairman Alif Kamal said on Wednesday.

"We don't want the election, which has been a celebration for many people, to be hurt by certain political tendencies. In fact, we also want to take part in the 2024 elections," he said.

The KPU has said it will comply with Bawaslu’s decision and that it will arrange a timetable for the verification of the Prima Party’s renewed application.