PENERAPAN ASAS RES JUDICATA PRO VERITATE HABETUR PADA PUTUSAN PENGADILAN NEGERI JAKARTA NOMOR 757/PDT.G/2022/PN JKT.PST

Abstract

The principle of Res Judicata Pro Veritate Habetur is a principle which means that what the judge decides must be considered correct and must be implemented in decision Number 757/Pdt.G/2022/PN Jkt.Pst. This principle cannot be applied because in the decision there is controversy which highlights the authority of the Central Jakarta District Court in deciding ELECTION disputes and in delaying the 2024 ELECTIONS, because the decision has no authority and is contrary to the 1945 Constitution. Number 757/Pdt.G/2022/PN Jkt.Pst is a political party that has been disadvantaged in administrative verification by the KPU, so that the KPU has committed an unlawful act which has implications for holding the 2024 ELECTIONS. Because the verdict ordered the KPU to pay compensation and does not continue the remaining stages of the 2024 ELECTION. This research is a legal research with a conceptual, statutory and case approach. The results of this study indicate that the Central Jakarta Court in deciding the case violated absolute competence which should have been the authority of the Bawaslu and Administrative Court. In addition, the decision violated the Constitution which mandates that ELECTIONS be held every five years. In addition, the decision is erga omnes, contrary to the concept of a civil decision which should only be binding on the parties. From this analysis, the decision is legally flawed and must be said to be null and void. Therefore, it is the right step for the KPU to appeal the decision.