The Legal Dynamics of the Harun Masiku Bribery Case Involving a Commissioner of the General Elections Commission and Its Implications for the Supreme Court of the Republic of Indonesia Decision Number 57 P/HUM/2019

Abstract

This study provides a comprehensive analysis of the alleged bribery by Harun Masiku to Wahyu Setiawan in his capacity as a Commissioner of the General Elections Commission (KPU), focusing on the interim replacement (Pergantian Antar Waktu; PAW) mechanism for legislative candidates in the House of Representatives of the Republic of Indonesia (DPR RI), and evaluates the decisiveness of Supreme Court Decision No. 57 P/HUM/2019 of the Republic of Indonesia (MA RI). Employing a normative juridical approach grounded in library research, this study examines all trial proceedings related to the Harun Masiku bribery allegations, reviews Law No. 7 of 2017 on General Elections, analyzes the KPU Regulations (PKPU) concerning interim replacements, scrutinizes the operative text of Supreme Court Decision No. 57 P/HUM/2019, and surveys relevant academic literature. The research uncovers procedural loopholes susceptible to political manipulation. The MA RI’s partial annulment of specific PKPU provisions has produced divergent interpretations between the KPU and political parties, thereby undermining legal certainty and intensifying inter institutional tensions. Through the framework of legal instrumentalism, this study demonstrates that such statutory ambiguity has served as a catalyst for institutional conflict. This paper contributes an original legal analysis and advances targeted reform recommendations, particularly the clarification of PAW procedures—to strengthen the enforcement of judicial decisions and to safeguard both the independence of the KPU and the authority of the MA RI.