Debate whether the decision of the Election Organizer Honorary Board (DKPP) who ordered the Election Commission to implement Banten Election ballot in the city of Tangerang in 2013 to include two would be candidates who have been declared ineligible to be a focus issue in the trial court dispute election result of regional head of Tangerang in the Constitutional Court on Tuesday (24/9) afternoon, at the Plenary Room.

In contrast to the views of experts on the applicant before the trial, two experts presented by the Related Parties , Saldi Isra and Dian P. Simatupang, giving the opposite view. According to both experts, the ruling principle of DKPP Number 83/DKPP-PKE-II/2013 and 84/DKPP-PKE-II/2013 be justified, especially in the context of protecting the right to be elected (rights to be a candidate) and to meet the public interest in the General Election.

Professor of Constitutional Law Saldi Isra revealed that DKPP decision is acceptable when measured from the point of view of the existence of DKPP as part of the election organizers are partly responsible for giving a sense of justice and the rule of law in the General Election. "The verdict is entered into the realm DKPP salvage rights to be a candidate acceptable and have a justifiable reason," he said.

Moreover, according to Saldi, the verdict is increasingly gaining legitimacy because it was taken in the middle of the dispute settlement mechanism of ineffective state administration of elections in the State Administrative Tribunal (Administrative Court). According to him, the election dispute resolution process in the Administrative Court for this is still done in the usual way, so it is not balanced with a portion of the available time in the phase of the General Election. Often what happens is the ongoing proceedings in the Administrative Court or has not been completed, but the voting phase is to be implemented.

Moreover, continued Saldi, the current electoral system, the court’s decision, the administrative court in this case, do not be one of the reasons for the delay of Election stages. Up at the same time, the candidates will lose their rights as legal certainty for prospective head region. "Finally, the efforts taken by the administrative court of law to be in vain," he said.

Even so, Saldi viewed it was not purely administrative court error, but is also caused by the presence of a legal loophole that opens the opportunity for the Commission is not independent to cheat. Therefore, he considered, DKPP action in this case should be understood as an attempt to fill the weakness or absence of law in order to provide legal certainty and justice for those who have infringed upon by the Commission Tangerang City. "There was nothing wrong on DKPP decision. Moreover DKPP decision to restore the constitutional right not for the first time, has previously occurred in East Java General Election," he said.

Meanwhile, Dian P. Simatupang stated DKPP decision must be judged from the point of view of administrative law enforcement that put legitimacy side of the law as a primary goal. "If the issue of legality and legitimacy against the state administration according to law, the legitimacy and the public interest to be protected is everything in the state administration . So the main thing is the question of legitimacy," he said.

According to Dian, for legitimacy, in practice, sometimes there is authority that must be exceeded. But, said Dian, it must be based on consideration for protecting the public interest.

The Respondent’s expert, Former Member of the Commission Endang Sulastri, argued from the Commission, the DKPP decision is a decision that must to be implemented. "Election Commission as organizers are not authorized to judge or decision interpreted other institutions that have been established by law," he said.

Therefore, he said, the act of Banten General Election Commission did Decision DKPP was compliance with applicable laws and regulations. "Although there is controversy to decisions of these institutions, but there is no option for the Commission not to implement these decisions, because it is the duty of the Commission to implement the decision as mandated by the law," he concluded. (Dodi / mh)