Jakarta. General Elections Commission, or KPU, commissioner Evi Novida is planning to take legal actions against the Election Organizers Ethics Council, or DKPP, for permanently dismissing her from the commission.
Evi said on Thursday the council's verdict was legally defective.
On March 18, the DKPP issued a permanent dismissal for Evi due to a voting dispute in West Borneo's legislative election last year involving two candidates from the Gerindra Party, Hendri Makaluasc and Cok Hendri Ramapon.
"The KPU never tampered with the voting results for Hendri Makaluasc and Cok Hendri Ramapon," Evi said.
The council's verdict said Evi, as the head of the KPU's technical implementation and logistics division, is responsible for the legal uncertainty and violations caused by the election's results.
"The ethics council's verdict is a fabrication because the complainant has already accepted the election's results," Evi said.
Evi said Hendri had revoked his indictment and submitted the revocation letter to the ethics council trial on Nov. 13 last year.
Evi said the ethics council had no legal basis for holding ethical trials, arguing that according to the 2017 Law on general election, the DKPP is a passive justice institution. Consequently, it cannot enforce an ethical examination if there is no indictment of an ethical violation.
"The council's ethical trials have transcended its authority as a passive justice institution as regulated in the 2017 Law on general election," Evi said.
Evi also argued the council's verdict was legally defective because it was decided by only four members.
A 2019 DKPP regulation requires a plenary verdict to be decided by at least five members of the council.
"This verdict should be made null and void. It can't be implemented," Evi said.
Evi also claimed she was not able to provide a defense during her second trial because she was ill.
"I wasn't able to attend the second trial because I was having an appendix surgery. The council should have given me another chance to defend myself as stated in its own regulation," she said.
Based on the above reasons, Evi said she would file a lawsuit to call off the DKPP verdict.
Not content with dismissing Evi, the ethics council had also issued a "last assertive warning" to the other KPU commissioners, said Pramono Ubaid Tanthowi, one of the commissioners.
"We respect the ethics council's verdict, and we will take the time to study it further," he said.
Pramono said Evi would be replaced in her role as the head of the KPU's technical implementation and logistics division by her former deputy head Hasyim Asyari.