Legal counsel Horas A.M. Naiborhu conveying the subject matters at a hearing for the 2024 legislative election results dispute of South Tangerang, Monday (4/29/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — A Regional Legislative Council (DPRD) candidate of South Tangerang City Darry Arsyad filed a petition for the 2024 legislative election of the DPR (House of Representatives), Provincial and Regency/City DPRD (Regional Legislative Council). The preliminary hearing for the case petitioned by the People’s Conscience Party (Hanura) candidate was held by the Constitutional Court (MK) on Monday morning, April 29, 2024 at the plenary courtroom. The case was registered as No. 101-02-10-16/PHPU.DPR-DPRD-XXII/2024.

The Petitioner argues that the General Elections Commission (KPU) Decree No. 360 of 2024 on the results of the 2024 election of members of the Tangerang City DPRD has serious legal flaws from the outset because it is based on a law that also contains serious legal flaws. Legal counsel Horas A.M. Naiborhu asserted that both the South Tangerang KPU Decree No. 287 of 2024 and the KPU Decree No. 360 of 2024 on the results of the 2024 election of Tangerang City DPRD and all of their legal consequences must be deemed null and void since their issuance.

Furthermore, the Petitioner also contends that the South Tangerang City KPU Decree No. 284 of 2024 on the certification of the 2024 South Tangerang City DPRD election recapitulation results dated March 6, 2024 contains legal flaws since its issuance. According to Article 413 paragraph (3) of Law No. 7 of 2017, the decree should have been issued by March 5, 2024. However, in reality, it was issued on March 6, 2024, thus it should be categorized as a decision made and issued without any legal basis whatsoever in the context of the Election Law.

The vote counting, recapitulation, and certification of the 2024 DPRD election results for the electoral district (dapil) of South Tangerang City 4 were not conducted according to the procedure established by statutory laws and regulations.

“In the petitum, [the Petitioner requests that the Court] grants the Petitioner’s request in its entirety; cancel the KPU Decree No. 360 of 2024 on the certification of the 2024 DPR and DPRD election results dated March 20, 2024, specifically in South Tangerang Electoral District 5; instruct the organizers of the 2024 general election, according to their respective authorities, to conduct a revote in South Tangerang 5 to elect members of the South Tangerang City DPRD; and instruct the KPU to implement the ruling,” said Horas.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : M. Ariva Aswin Bahar, Yuniar W. (RA)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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