Dharma Rozali Azhar, as the legal counsel for the petitioner, presented the main matters of the petition during the hearing on the Dispute over the General Election Results of the Legislative Candidate of West Java Province 2024, Tuesday (4/30/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) - The PPP challenged the Constitutional Court (MK) for the Legislative General Election Results 2024 Dispute. In Case No. 100-01-17-12/PHPU.DPR-DPRD-XXII/2024, they claim they fell short of the parliamentary threshold of 4% by 193,088 votes, or 0.13%.

The petitioner's legal counsel, Dharma Rozali Azhar, reported on the unlawful distribution of House of Representatives 2024 members in West Java II, V, VII, IX, and XI electoral districts to the Indonesian Guard of Change Party (Garuda) with a conversion to the 4% Parliamentary Threshold in the session chaired by Chief Justice Suhartoyo.

He said "the practice of unlawfully transferring the petitioner for the election in West Java V to the Garuda Party."

The petitioner claimed 5,878,777 national votes (3.87%) under General Elections Commission (KPU) Decree No. 360 of 2024. Based on this decision, the petitioner fell short of the 4% threshold by 193,088 votes, or 0.13%.

"The comparison of the vote acquisition of the Petitioner and the Garuda Party has differences between the Respondent's calculation version and the Petitioner's version, especially in 35 electoral districts spread across 19 provinces," said Azhar.

He explained that the Respondent's counting error transferred the Petitioner's (PPP) votes in the Electoral Districts (Dapil) of West Java II, V, VII, IX, and XI to the Garuda Party, including 6,901 votes in West Java II, 8,150 votes in V, 8,500 votes in VII, 5,000 votes in IX, and 8. 311 votes in XI, Garuda gained in those —189 votes in dapil of West Java II, 137 votes in West Java V, 279 votes in West Java VII, 22 votes in West Java IX, and 91 votes in West Java XI—were unlawfully increased to 7. 090 votes in West Java II, 8,287 votes in West Java XI, and 8,287 votes in West Java XI.

As a result, the petitioner's original vote acquisition in West Java II of 75,132 votes was unlawfully reduced to 68,231, in West Java V from 177,113 to 168,963, in West Java VII from 92,824 to 84,324, in West Java IX from 180,482 to 175,482, and in West Java XI from 279,396 to 271,085.

Petitioner votes were illegally transferred to Garuda until the recapitulation results were made public in Respondent's Decision 360 of 2024 on Wednesday, March 20, 2024, at 10:19 PM WIB. The provincial Bawaslu for the electoral districts received the petitioner's objection.Based on this, the Court has sufficient legal grounds to grant the petitioner request and determine the correct vote acquisition according to the petitioner's version.

Complaint for Loss of Vote

Furthermore, Bambang Wahyu Ganindra, another legal counsel, stated that a party experienced vote inflation in the Electoral District of West Java V for the 2024 General Legislative Election. Due to inflation, PPP's vote acquisition suffered. For PPP, this cost them a seat.

“The 2024 Legislative Election in West Java V electoral district, Bogor Regency, cost PPP 9,870 votes. In West Java V electoral district, PPP received 168,963 votes, but if the 9,870 votes lost/harmed were added, the total would be 178,833, 2,153 more than the Democrat party's 176,680 " Bambang explained. 

According to the petitioner, election organizers violated the PPP 2024 Election rights. PPP votes were shifted to other parties due to Respondent administrative errors in the recapitulation process at the subdistrict election committee (PPK) and regency levels in West Java V.

He claimed that the Respondent did not apply professionalism principles in recapitulating vote acquisition results, comparing C. Results and D. Results Forms at the Subdistrict Level for the Legislative Election in West Java V electoral district.

According to General Elections Supervisory Body (Bawaslu) Regulation Number 8 of 2018, reports on alleged administrative violations of structured, systematic, and massive (TSM) violations must fulfill formal and material criteria. Significantly, at least two pieces of evidence must be included with reports of alleged administrative violations of TSM elections, provided that the violations occurred in at least half of the election sites. There were enough violations in the West Java V electoral district—40 subdistricts, 413 villages, 5,777 polling places in Bogor Regency—to qualify as TSM violations.

Shift to PKS

He added that 1,500 PPP votes transferred to the Prosperous Justice Party  (PKS)  in Cilodong and Tapos Subdistricts.

The PPP transferred 698 votes to the Gerindra in Cilodong Subdistrict and 802 in Tapos Subdistrict. The Petitioner lost 1,500 votes per vote in Cilodong and Tapos due to PKS Party vote inflation. 

Based on the above explanation, the Petitioner complained/reported the vote inflation to Bawaslu RI in this case Integrated Law Enforcement Center (Gakkumdu) on March 20, 2024.

The Petitioner was significantly harmed by the Respondent's actions, so it is clear and evident that the Respondent committed real and intentional negligence, violating Article 505, Article 551 of Law No. 7 of 2017 on General Elections, and the Constitutional Court has the authority as stated in General Elections Commission Regulation No. 3 of 2019.

Therefore, the petitioner asks the Constitutional Court to annul the KPU Decree No. 360 of 2024 on the certification of the 2024 DPR and DPRD election results dated March 20, 2024. Regarding General Election Results of : 

1) 2024 House of Representatives of Indonesia (DPR RI) members in West Java II, V, VII, IX, XI, and Province (Conversion PT 4%);

2) DPR RI members for 2024 in West Java III, West Java Province;

3) Depok City DPRD members in Electoral District V (Tapos and Cilodong Subdistricts). (*)

 Author   : Utami Argawati
Editor    : Lulu Anjarsari P.
PR        : Andhini S.F.
Translator  : Dzaki Difa Al Hadiid

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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