Psychological Obstacles of the PTUN Judges and Regulatory Reconstruction of the DKPP Verdict in Enforcing the General Election Organization Code of Ethics

Abstract

Verdict of the DKPP in Article 458 clause (13) in the Law No. 7 of 2017 on the General Election is final and
binding. Yet, the implementation stage of the “final and binding” phrase causes multi-interpretation. Thus,
there are some verdicts of the General Election Honorary Organizing Council (DKPP) which underwent
legal efforts to the State Administration Court (PTUN). As a form of ius constituendum, the writer suggests
that there should be a regulatory reconstruction on the verdicts of the DKPP in upholding the code of ethics
in organizing the general election, by classifying that the verdicts of the DKPP is an ethical verdict; thus
it is not proper to be corrected by the legal verdict in the PTUN. The room for correction will be opened
by mandating it to the Court of Ethics. The ethical verdict corrected in the PTUN will risk the judges’
independence. It is highly possible that they will experience psychological pressure in making a verdict on
the general election ethic violation in their capacity as Civil servant (PNS) who are institutionally under the
Ministry of State Apparature Empowerment (Menpan), which specifically the minister is a political official
which is chosen by the president.