Can the DKPP's Decision Nullify the Determination of the Vice Presidential Candidate? Here is the Explanation!

Legal Literacy - The Election Organizer Ethics Council (DKPP) plays a vital role in maintaining the integrity of election organizers in Indonesia. With its authority to enforce the code of ethics and impose sanctions, the DKPP ensures transparency and professionalism in every stage of the election. This article reviews the functions, authorities, and implications of DKPP decisions in the context of concrete cases, including the enforcement of the Constitutional Court's decisions that affect the stages of presidential and vice-presidential elections.

The Election Organizer Ethics Council (DKPP) is an independent institution tasked with maintaining the ethics and professionalism of election organizers in Indonesia. The DKPP has the authority to examine and decide on complaints of ethical violations committed by members of the KPU, Bawaslu, and the DKPP itself at all levels.

• Maintaining the Dignity of Election Organizers:The DKPP is responsible for ensuring that election organizers, such as the KPU and Bawaslu, act with integrity, independence, and credibility.
• Handling Ethical Violations:The DKPP receives complaints and investigates alleged ethical violations by election organizers.
• Imposing Sanctions:If found guilty, the DKPP can impose sanctions on election organizers, ranging from written reprimands to permanent dismissal.

• Summoning organizers of elections who are alleged to have committed violations to provide explanations.
• Summoning reporters, witnesses, and related parties to request information and evidence.
• Imposing sanctions on election organizers proven to have violated the code of ethics.
• Deciding on cases of ethical violations.

The existence of the DKPP is very important to maintain public trust in election organizers. The DKPP ensures that election organizers work professionally and responsibly, thus producing elections that are integral and democratic.

Article 458 paragraph (13) of the Election Law states that DKPP decisions are final and binding. However, the Constitutional Court (MK) through Constitutional Court Decision No. 32/PUU-XIX/2021 stated that the article is contrary to the 1945 Constitution and has no binding legal force.

The Constitutional Court affirms that DKPP decisions are binding on the President, KPU, KPU provinces, KPU regencies/cities, and Bawaslu. DKPP decisions can be considered as decisions of State Administrative Court officials which are concrete, individual, and final. This means that DKPP decisions can be sued in the State Administrative Court.