The Respondent's legal counsel, Makrifat Putra, provided his statement at the continuation of the hearing on the 2024 legislative election result dispute of West Sumatra Province for 2024, on Monday (5/6/2024) in the Panel 1 Courtroom of the Constitutional Court Building. Photo by MKRI/Ifa.
JAKARTA, (MKRI) --- The Constitutional Court (MK) resumed the hearing on the Dispute over the Election Results for the members of the Regional Representative Council (DPD) of West Sumatra Province, filed by DPD candidate for West Sumatra Province, Irman Gusman. The hearing for Case No. 03-03/PHPU.DPD-XXII/2024 aimed to hear statements from the General Elections Commission (KPU) as the respondent and the Elections Supervisory Body (Bawaslu).
The Petitioner legal counsel Makrifat Putra in a hearing presided by Suhartoyo, highlighted that according to Sukamiskin Prison records, the petitioner finished his prison term on September 26, 2019. He noted that the petitioner was definitively found guilty of a crime under Article 11 of the Anti-Corruption Law, as per the Supreme Court judicial review Decision No. 97 No. 97, facing a sentence ranging from one to five years.
Therefore, Makrifat continued, the cooling-off period that should be applied to the petitioner is five years, which is from September 26, 2016. "There was an incident when the petitioner filled out form BB. The DPD statement dated May 10, 2023, which was checked, stated 'never been sentenced to 5 years in prison or more,' which was what was checked. Whereas it should have been the next point. That is, having been convicted of a criminal act threatened with a prison sentence of five years or more," said Makrifat.
By August 19, 2023, the respondent needed to finalize the temporary candidate list (DCS), which initially included the petitioner. However, after a verification process on November 3, 2023, for the final candidate list (DCT), “the petitioner was removed due to their cooling-off period not extending past September 26, 2024” He clarified.
Makrifat stated that the KPU followed Article 18(1) of its Regulation, in conjunction with Supreme Court Decision No. 28 P/HUM/2023 dated September 29 ,2023 and Constitutional Court Decision No. 12/PUU-XXI/2023 dated February 21, 2023. Thus,in the petitum, the KPU asks the Court to dismiss the petitioner's entire request and confirm the validity of 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, which certifies the 2024 General Election results, issued on March 28, 2024.
Does Not Meet Requirements
Regarding the main petition,The West Sumatra Provincial Bawaslu, represented by Vifner, reported no allegations of violations and confirmed not receiving any process disputes from DPD candidate Irman Gusman. Additionally, they issued an Advisory Letter No. 310/PM.01.01/K.SB/04/2023 dated April 29, 2023 to the West Sumatra Provincial KPU, which essentially stated to carry out the candidate registration stages according to the legislation.
Pada saat penetapan DCS, KPU Provinsi Sumatera Barat menetapkan dalam DCS kemudian dalam DCT tidak ditetapkan. “Berdasarkan putusan KPU RI bahwa beliau tidak memenuhi syarat. Dan tidak menjadi DCT,” terangnya. Kemudian Calon Anggota DPD mengajukan sengketa ke PTUN Jakarta. Di PTUN putusan menyatakan bahwa mengabulkan gugatan penggugat untuk seluruhnya dan dinyatakan batal putusan KPU.
At the time of certifying the DCS, the West Sumatra Provincial KPU initially included the candidate in the DCS but later excluded them from the DCT due to not meeting the National KPU's requirements. Following this, the DPD candidate contested this decision at the Jakarta State Administrative Court (PTUN), where the PTUN ruled in favour of the plaintiff, invalidating the KPU's Decree.
Also read: Former DPD Chair Irman Gusman Calls for Revote in W. Sumatera
The Bawaslu has overseen the enforcement of the Jakarta State Administrative Court's (PTUN) decision through the letter from the Chairman of the Bawaslu No. 1049/PS.00.00/K1/12/2023 dated December 21, 2023, on Supervision of Decision Implementation. Bawaslu has requested an explanation from KPU on actions taken following the PTUN's ruling to ensure compliance with court decisions on election disputes.
The West Sumatra Provincial Bawaslu was designated a relevant party as per Hearing Call Letter No. 129/PS.DKPP/SET-04/1/2024 dated January 25, 2024, for the complaint registered under Case No. 16-PKE-DKPP/|/2024 on behalf of Irman Gusman. The Election Organizer Ethics Council (DKPP) issued a severe warning to Hasyim Asy'ari, Chairman and Member of the KPU (Respondent I), and a warning to Mochammad Afifuddin (Respondent II), both for ethical violations. Additional warnings were given to KPU members Betty Epsilon Idroos (Respondent III), Parsadaan Harahap (Respondent IV), Yulianto Sudrajat (Respondent V), Idham Holik (Respondent IV), and August Mellaz (Respondent VII) for similar breaches.
In a preliminary hearing on April 29, 2024, the petitioner, a DPD candidate, claimed his electoral rights were infringed. The Petitioner Initially listed in the DCS for West Sumatra's electoral district as Ballot Number 7, as per KPU Decree No. 1042 of 2023 on the DCS for DPD members in the 2024 Election on Annex III Model DCS, DPD West Sumatra electoral district dated August 18, 2023, the petitioner was later deemed ineligible by the KPU based on public complaints. However, this decision did not comply with Article 263(2) of Law 7 of 2017 and Article 180 of KPU Regulation 10 of 2022.
In the petitum, the petitioner asks the Court to accept and grant the petitioner's request in its entirety. They seek to annul the KPU Decision No. 360 of 2024 on the certification of the 2024 legislative election results of the DPR, DPD, and Provincial and Regency/City DPRD. Additionally, the petitioner asks the Court to conduct a revote at all polling stations within the West Sumatra Province for the DPD election, involving 16 candidates from the West Sumatra electoral district.
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.
Monday, May 06, 2024 | 21:02 WIB 126