Legal Challenge from PDIP to General Election Commission (KPU) of Yogyakarta

The result of the determination of the Provisional List of Candidates, which announced by the General Election Commission (KPU) of Yogyakarta, got legal challenge from PDIP. From 365 candidates were verified, two candidates stated ineligible and one candidate has not fulfilled yet attach for retirement letter. From the two candidates who did not qualify, there is a PDI-P candidate who ineligible Provisional List of Candidates, namely Andreas Subagiyo.

General Election Commission (KPU) of Yogyakarta has crossed out the name Subagiyo as a legislative candidate for the 2014 election because the he did not fulfill the administrative requirements. Free period of imprisonment of Subagiyo has not reached the minimum of five years based on Article 51 of Act 8 of 2012 about the General Election of Representatives, Regional Representatives Council, and Legislative Council. However, according to Antonius Fokki, a member of advocacy team of DPC PDIP Yogyakarta, General Election Commission (KPU) of Yogyakarta has never issued a decision of the Provisional List of Candidates (DCS), but only delivered the news event verification legislative candidates who have crossed out the name of Subagiyo therein. Moreover, the news event verification legislative candidates that would be the material in the lawsuit our lawsuit that proposed by PDIP.

The failure of Subagiyo due to the requirements that still debated, free period of imprisonment shall be reached the minimum of five years based on Article 51 of Act 8 of 2012 about the General Election of Representatives, Regional Representatives Council, and Legislative Council. Based on PDIP's perspective, a citizen who had been sentenced, his/her rights should be protected. Including right to vote and right to be elected. However, they wonder why to get the right to be elected have to wait for 5 (five) years.

Subagiyo have been sentenced due to alleged of drug abuse. The judges' verdict that dropped to him is imprisonment for 1 (one) year. In March 2009, he declared released. Furthermore, when proposing the registration, all of the administrative requirements have been fulfilled. The note from the police (SKCK), the letter from the district court, and the announcement in the mass media related on the status on the status of Subagiyo who had been sentenced.