Legal counsel Ali Nurdin delivering the Respondent’s response at a hearing for the 2024 legislative election results dispute of South Tangerang 2 of Banten Province, Monday (5/6/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The General Elections Commission (KPU) as Respondent denied all claims made by Ida Dariyah, the Petitioner for case No. 135-02-10-16/PHPU.DPR-DPRD-XXII/2024. It asserted that the Petitioner’s claims that it had the regency/city recapitulation past the maximum 20-day period since the election day is false.

“The Respondent’s vote count recapitulation was in accordance with the laws and regulations on the implementation of hierarchical recapitulation and corrections in the 2024 general election. Therefore, the Petitioner’s claims should be rejected,” stated the Respondent’s legal counsel Ali Nurdin in the plenary courtroom on Monday, May 6, 2024.

The Respondent stated that the South Tangerang City plenary recapitulation meeting was held from March 4-6, attended by all political party witnesses and the South Tangerang City Bawaslu (Elections Supervisory Body). However, the Petitioner’s party witness Gilang did not object to the recapitulation, and the South Tangerang City Bawaslu did not issue any recommendations regarding the process.

The Respondent stated that the vote count results at the subdistrict, regency, and/or provincial levels could not be carried out within the specified timeframe due to force majeure or situations beyond the organizers’ planning and control. It asserted that, due to errors, the South Tangerang City KPU Decree No. 284 of 2024 was reviewed and Decree No. 287 of 2024 was issued, revoking Decree No. 284 on March 17, 2024.

Thus, the Respondent stated, the Petitioner’s claim on the alleged timeframe violation of the recapitulation in South Tangerang City having violated Article 413 paragraph (1) of the Election Law was unfounded and baseless. The vote count for the People’s Conscience Party (Hanura) as per Decree No. 287 is 946 votes.

Additionally, according to the Respondent, the Petitioner did not explain any incidents as described in Article 372 paragraph (2) of the Election Law that would necessitate a revote. Therefore, the Petitioner’s request for a revote at all polling stations in South Tangerang 2 lacks a basis is obscure.

Bawaslu also confirmed that the KPU and Bawaslu of South Tangerang City and the participants agreed to postpone the recapitulation process until March 6, 2024 at 09:00 AM due to Pamulang Subdistrict not having presented the D-Results form for all four types of election. However, the mandated witness from the Hanura, Reyhan, did not sign the recapitulation minutes on March 6, nor did he raise any objections.

Meanwhile, South Tangerang City Bawaslu obtained Decree No. 287 of 2024 through the KPU South Tangerang City’s legal documentation and information network (JDIH) page. Bawaslu revealed that, based on information on March 22 from a post by the South Tangerang City KPU on Instagram, on March 21, the South Tangerang City KPU presented Decree No. 287 of 2024 at the Grand Zuri Hotel, Serpong. However, the election supervisors were not involved in this activity.

Also read: Hanura Candidate Claims KPU Decision Flawed, Asks South Tangerang 2 Repeat DPRD Election

This hearing agenda heard the response from the respondent (KPU), statements from Bawaslu, and the Relevant Party. However, there were no relevant parties for case No. 135-02-10-16/PHPU.DPR-DPRD-XXII/2024.

The Case No. 135-02-10-16/PHPU.DPR-DPRD-XXII/2024 was filed by South Tangerang Regional Legislative Council (DPRD) candidate from the People’s Conscience Party (Hanura) of the electoral district (dapil) of South Tangerang 2, R. Ida Dariyah. She filed the petition to the Court as an individual. This case is being heard by Panel 1, consisting of by Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah.

In the petitum, the Petitioner asks the Court to annul the KPU Decree No. 360 of 2024 on the certification of the 2024 legislative election results of the DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD (Regional Legislative Council) announced nationwide in the 2024 General Election for the South Tangerang 2. She also requests the Court to order the organizers of the 2024 election, according to their respective authorities, to conduct a revote in the South Tangerang District 2 to elect members of the South Tangerang City DPRD.

Author              : Mimi Kartika
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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