ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 757/PDT.G/2022/PN JKT.PST TENTANG PENUNDAAN PEMILIHAN UMUM SERENTAK TAHUN 2024
Abstract
General elections are an important pillar in a democratic country as a legitimate
mechanism for changing state power, resulting in the formation of the Election Law. However, in
practice, conflicts of interest often occur which result in elections being held. The dispute raised
in this research is the PRIMA Dispute with the KPU which resulted in a decision by the Central
Jakarta District Court with case registration number 757/Pdt.G/2022/PN Jkt.Pst. This decision
contains crucial points that decide the postponement of the simultaneous general elections in
2024. The aim of this thesis research is first, to analyze the absolute and relative permission of
the Central Jakarta district court in examining and deciding the a quo case. Second, analyze the
interpretation method used in the a quo decision. Third, examine the settlement process that
should be carried out in this case, especially the position of the Central Jakarta District Court
that should be taken in the a quo case and the legal efforts that should be taken by PRIMA.
This type of research can be classified into normative research and focuses on legal
principles. This research uses data sources in the form of secondary data with data collection
techniques based on literature study.
From the results of research on the problem, there are three main things that can be
concluded. First, based on Law Number 7 of 2017 concerning General Elections, the Central
Jakarta District Court has absolutely no absolute or relative authority in examining and
deciding a quo cases. This case clearly falls under the absolute authority of the State
Administrative Court based on Article 470 of the Election Law and Article 2 of PERMA RI
Number 2 of 2019. Second, the interpretation method used in the a quo decision is an extensive
and systematic interpretation method. Third, the resolution path that PRIMA should take is to
reject the a quo case during the preliminary examination by the head of the court or give a Niet
Ontvankelijke Verklaard (NO) decision or it cannot be accepted because there are formal defects
in the lawsuit, which is the limit of the district court's absolute authority. PRIMA can take legal
action through a lawsuit to the Jakarta PTUN with the judicial object being Bawaslu Decision
002/PS.REG/BAWASLU/IX/2022.
Keywords : Authority - District Court - Postponement of Elections
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