JAKARTA, MKRI – The Constitutional Court (MK) held a preliminary hearing of the House of Representatives (DPR)-the Regional Legislative Council (DPRD) General Election Results Dispute (PHPU) on Friday morning, May 03, 2024. The session was heard by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih
The hearing was held in Panel 3 of the Court to examine Case No. 170-01-03-26/PHPU.DPR-DPRD-XXII/2024. This case was filed by the Indonesian Democratic Party of Struggle (PDI-P). With representation from Megawati Soekarnoputri as Chairperson and Hasto Kristiyanto as Secretary General. This case pertains to General Election Commission (KPU) Decree No. 360 of 2024, specifically addressing candidate nominations in Palu City DPRD District 4 and Donggala Regency DPRD District 4, Central Sulawesi Province.
"The honourable Constitutional Justice, in the petition that has two requests. The first is the DPRD of Palu City Dapil Palu City 4. The second, in the DPRD of Donggala Regency in Dapil Donggala 4," said the Petitioner legal counsel Wiradarma Harefa.
In the Hearing,The Petitioner submitted his candidacy for members of the Palu City DPRD District 4 and Donggala Regency DPRD District 4. According to the petitioner, violations occurred in District 4 Palu City. There was a voter named Siti Masyitah who did not receive a C.Notification-KPU or notification to vote. However, Siti Masyitah keeps coming to TPS 08 Donggala Kadi Village, Ulujadi District, Palu City, with only an e-KTP. However, the Chair of the KPPS only got one type of ballot to Siti Masyitah, namely the Presidential and Vice Presidential Election Ballot (PPWP), whereas she should have been entitled to 5 (five) types of ballots for each type of election.
"On Wednesday, February 14, 2024, at TPS 08 Donggala Kodi Village, Ulujadi Subdistrict, Palu City, Siti Masyitah, an Indonesian citizen who was registered as a Permanent Voter List at the polling station, wanted to exercise her voting rights. However, she did not get a notification from the KPU. However, she came to the polling station with only her KTP-e. But, the KPPS Chairman only gave her one type of ballot, namely the Presidential and Vice Presidential Election Ballot, even though she should have received five types of ballots for each type of election (PPWP, DPD-RI, DPR-RI, DPRD-Province, DPRD Regency / City), "said Wiradarma Harefa.
At the same time the Petitioner explained, that there were 2 (two) voters who wanted to take their voting rights at TPS 08 Donggala Kodi Village, Ulujadi District, Palu City, namely Endang (domiciled in Sigi Regency) and Aulia Intan Ramadan (domiciled in Toli-Toli Regency). These two voters were not registered in the DPT or the Additional Voters List (DPTb) because they did not bring Model A-Move to Vote. However, despite this, KPPS allowed Endang and Aulia Intan Ramadan to assume they should not be allowed to use their voting rights at the polling station because this violates KPU Regulation No. 25 of 2023.
In this case, the Petitioner then filed an objection that was ignored by the Respondent. The Petitioner rejects the KPU Decree No. 360 of 2024 regarding the results of the election.
Donggala District 4
In his petition, the Petitioner questioned the difference in votes between the Petitioner and the National Democratic Party (NasDem) for the filling of candidates for Donggala Regency DPRD, Donggala District 4. According to the Petitioner, the Respondent was wrong because the NasDem Party received an additional one vote at polling station 005 Sioyong Village, Dampelas District, Donggala Regency without accountability.
According to the Respondent, the NasDem Party should have received 7,256 votes, but the NasDem Party had 7,257 votes. The Petitioner argues that if the additional votes are not taken into account, the 7th seat for Donggala Regency DPRD Dapil 4 should belong to the Petitioner. Based on the Respondent's calculation, where the total votes were 7,257. Using the Sainte-Laguë apportionment method, this number yields 2,419, which corresponds to the Petitioner's votes. However, the NasDem Party's votes should have been 7,256, so the division result was only 2,418.
"That the votes obtained by the Petitioner and the Nasdem Party for (dapil) 4 of Donggala Regency has a difference of 1 (one) vote, where it should be no addition of these votes, the 7th seat for filling the Donggala District DPRD Dapil 4 should be for the Petitioner. Because, the total number of votes of 7,257 votes if divided by three using the Sainte-Laguë method results in 2,419 votes, the same number as the Petitioner's votes. Meanwhile, the NasDem Party's vote should have been 7,256 votes, so if divided by three using the Sainte-Laguë method, the result is only 2,418," said Wiradarma Harefa.
The petitioner also said that related to this violation, he had submitted a report to Bawaslu Donggala Regency. However, until the petition was submitted to the Court, Bawaslu had not decided on the report.
The issues raised by the Petitioner in the two regions, the Petitioner asked the Court to cancel KPU No. 360 of 2024 relating to the results of the election. In addition, the Petitioner also requested the Court to order the Respondent to conduct a re-voting at TPS 08 Ulujadi Village and determine the results of the vote acquisition which according to the Petitioner is correct for the filling of candidates for Donggala Regency DPRD members in Donggala 4.
Author : Adam Ilyas
Editor :Lulu Anjarsari P.
Translator : Siti Nurhaliza
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.
Friday, May 03, 2024 | 14:45 WIB 132