Evi Novida Wins at PTUN, Jokowi's Legal Team is the Spotlight
Member of Commission II of the DPR RI PAN faction, Guspardi Gaus, judged that the decision of the Jakarta State Administrative Court (PTUN) which won Evi Novida Ginting's lawsuit could set a bad precedent for the Palace.
According to him, the ruling shows that there are weaknesses in the eyes of the law which are shown from the policies of President Joko Widodo ( Jokowi ) who dismiss Evi Novida Ginting as a KPU Commissioner.
"As a state of law, it is clear that the PTUN decision annulled and canceled the president's decision. Therefore, of course, this is a bad precedent. It is fitting that the president before taking policy and deciding everything should be very careful," Guspardi said Monday (7/27) .
Guspardi also highlighted the presidential team which was considered weak to help Jokowi in legal matters. Thus, presidential policies and or decisions can be a gap for anyone to sue.
"The president in making policies and decisions must study carefully in deciding everything. Because today is transparent, anyone has the right to take legal action," he said.
Looking ahead, Guspardi hopes things like this will not happen again. But on the other hand, he appreciated PTUN's indiscriminate decision in enforcing the rule of law.
"A presidential decree can be overturned by the State Administrative Court (PTUN). This is good in terms of law enforcement. If there are policies that contradict or conflict with the law then everyone has the right to take legal action," concluded the member of the Indonesian Legislative Body.
Previously Evi Novida Ginting was dishonorably discharged from his position as a member of the Indonesian General Election Commission (KPU) for the period 2017 - 2020. This was stated in Presidential Decree of the Republic of Indonesia Number 34 / P of 2020 dated March 23, 2020 signed by President Joko Widodo.
The decree was a follow-up to the decision of the Election Organizer Honorary Council (DKPP) which disrespectfully dismissed Evi Novida Ginting as a KPU Commissioner.
Then, Evi submitted an administrative effort to object to the President of the Republic of Indonesia. And filed a lawsuit for the cancellation of his dismissal as KPU RI for the period 2017-2022 to the Jakarta State Administrative Court (PTUN).
The Administrative Court granted the plaintiff entirely. Then cancel the Presidential Decree.
In the PTUN ruling one of them reads: "Declaring nullification of the Decree of the President of the Republic of Indonesia Number 34 / P.T2020 concerning Dismissal of Disrespectfully Members of the General Election Commission for 2017-2022 Term of Office on March 23, 2020".