MK: Bawaslu can decide violations of the election administration not just recommendations

Jakarta – The Constitutional Court (MK) said Bawaslu could decide on the violations of the election administration. The Constitutional Court said the results of Bawaslu’s oversight of administrative offenses in the election were not just in the form of recommendations. It was transferred by Chief Justice Suhartoyo while reading the decision of Case Number 104/Puu-XXIII/2025, at the MK Building, Central Jakarta, Wednesday (7/30/2025). In his ruling, the Constitutional Court granted part of the lawsuit’s lawsuit. “Stating the Word ‘Recommendation’ in Article 139 of Law Number 1 of 2015 Concerning the establishment of Perppu Number 1 of 2014 Concerning the Election of Governors, Regents, and Mayors to Be Laws (State Gazette of the Republic of Indonesia number 245, Supplement to the State Gazette of the Republic. or Indonesia Number 5588) is contrary to the 1945 Constitution of the Republic of Indonesia and does not have legal force as it is not interpreted as “decision”, “Suhartoyo said. Determination of PperPU Number 1 of 2014 regarding the election of Governors, Regents and Mayors in the Act (State Gazet of the Republic of Indonesia of 2015 number 55, complementary to the State Gazet of the Republic of the Republic of Indonesia of Indonesia number. Consider the applicants differences in dealing with violations of election administration and elections. Final result in the form of recommendations. Election Administration by Bawaslu caused an error in interpreting the authority between Bawaslu and the KPU. a decision was not, but only recommendations were. Election administrative offenses offered by Bawaslu must also have the same connection, and the KPU is obliged to have the KPU or the other design ‘He explained. Case must immediately revise or change the formation of the Act with regard to the election, especially the harmonization of the substance of the legislative election and the presidential election with the legal substance of the regional head/regional main election, including regulating the institutional reinforcement of the election organizer, “he said.” but also provides a guarantee of fair and equal legal protection and legal certainty for all citizens to use their political rights, especially to realize the principle of elections in Article 22nd paragraph (1) of the 1945 Constitution of the Republic of Indonesia, “he added. (AMW/FCA)