Legal counsel Andra Bani Sagalane conveying the petition’s subject matters at a legislative election results dispute hearing of West Sumatera Province, Monday (4/29/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The National Democratic Party (NasDem) has filed a petition on the 2024 legislative election results dispute to the Constitutional Court (MK). In case No. 138-01-05-03/PHPU.DPR-DPRD-XXII/2024, the Petitioner challenges the vote acquisition of the electoral district (dapil) 1 of Dharmasraya Regency DPRD candidate members, which also affects seats for the House of Representatives (DPR) members of West Sumatera Province.

The Petitioner claimed it had 2,202 votes in Dharmasraya 1 DPRD election. It also asserted that voters from outside Dharmasraya Regency voted at TPS (polling station) 21 in Sungai Kambut Village, Pulau Punjung Subdistrict as special voters even though they were ineligible since they reside outside of the regency. The Petitioner claimed this has sullied votes TPS 21 and, thus, a revote is necessary.

Special incident records at the subdistrict election committee (PPK) preliminary meeting show that voter data was misinterpreted, resulting in some out-of-region voters not receiving ballots. Another special note during the regency-level preliminary meeting revealed discrepancy in Pulau Punjung Subdistrict’s special voters list (DPK) as well as that of male and female voters at each level in the final voters list (DPT), which should be equal.

At the provincial-level preliminary meeting, the chair and members of the General Election Commission (KPU) and the Elections Supervisory Body (Bawaslu) of Dharmasraya Regency noted that there was a disparity in voters, with 13 voters listed on the special voters’ attendance list at TPS 21 receiving five ballots, similar to voters registered in the DPT. Four of these 13 voters had ID cards with addresses outside Dharmasraya Regency.

The Petitioner reported that the PPK of Pulau Punjung chair held a plenary meeting on vote recapitulation results and certification of the 2024 general election results. According to minutes of the preliminary meeting No. 21/PP.05/PPK-PP/BA/II/2024, a revote was recommended for Friday, February 23, 2024.

“Despite the recommendation from the polling station working committee (KPPS) communicated through the PPK of Pulau Punjung, the Dharmasraya KPU refused to conduct the a revote on February 24, 2024, citing that it exceeded the revote deadline of 10 days after voting day, as stated in the letter No. 58/PL.01-SD/1310/2024 85/PL.01/1310/2024,” said the Petitioner’s legal counsel Ardyan at the plenary courtroom on Monday, April 29, 2024.

The Petitioner claimed that since the recommendation was made on February 23, nine days before the election date of February 14, it was still within the legally permitted timeframe. Furthermore, timeframes and expirations should not be prioritized over vote integrity and fair and honest elections. The Petitioner claimed a revote at TPS 21 in Sungai Kambut Village, Pulau Punjung Subdistrict would increase NasDem’s vote acquisition and help it secure a DPRD seat in Dharmasraya 1.

In its petitum, the Petitioner asks the court to annul the KPU Decree No.360 of 2024 on the certification of the 2024 general election results of president and vice president, members of the House of Representatives (DPR), Regional Representatives Council (DPD), Provincial and Regency/City Legislative Councils (DPRD). It also requests the Court to instruct the Respondent (KPU) to hold a revote for the DPRD of Dharmasraya Regency in the Dharmasraya 1 electoral district at TPS 21 in Sungai Kambut Village, Pulau Punjung Subdistrict.

The Case No. 138-01-05-03/PHPU.DPR-DPRD-XXII/2024 was heard by the first panel—Chief Justice Suhartoyo (panel chair) alongside Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah.

Author       : Mimi Kartika
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
Translator  : Dzaki DIfa Al Hadiid, Yuniar W.

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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