The Respondent accompanied by legal counsel attending the continued hearing No. 68-02-02-36/PHPU.DPR-DPRD-XXII/2024 on Legislative PHPU with the agenda of listening to the Respondent's answers and the testimony of the Election Supervisory Agency (Bawaslu) on Monday (6/5/2024). Photo by MKRI/Teguh.
JAKARTA, MKRI – The Constitutional Court (MK) held a hearing on the General Election Results (PHPU) of candidates for the Regional Legislative Council (DPRD) of Intan Jaya Regency, Intan Jaya Electoral District 3, serial number 1, filed by Oktovianus Wandikmbo of the Great Movement Party (Gerindra). This Case No. 68-02-02-36/PHPU.DPR-DPRD-XXII/2024 was held in Panel Courtroom 3 on Monday morning, May 06, 2024. Presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih. This second session was held with the agenda of listening to the Respondent's answer and Elections Supervisory Body (Bawaslu) statement.
In this hearing, the General Elections Commission (KPU) as the Respondent provided an explanation of the Petitioner's request which had previously postulated fraud in the vote acquisition. In the preliminary hearing held on Monday, April 29, 2024, the Petitioner argued that there had been a disappearance of the petitioner's votes from four villages totaling 4,772 votes. The Petitioner alleged that the missing votes were robbed and/or eliminated by unscrupulous members of district election committee (PPD) and polling committee (PPS), which were then transferred to other candidates.
According to the petitioner, the votes that should have been obtained were 5,049 votes, while the respondent's version KPU recorded only 277 votes for the petitioner. On the other hand, the votes obtained by Gerindra Party candidate number 2, Salmon Nagapa, according to the Petitioner's claim should have been only 259 out of the 5,031 recorded. In addition to the vote difference, the Petitioner, represented by his legal counsel, revealed that there was a recommendation from the Intan Jaya Regency Bawaslu No. 083/Rekom.01.0/K.PT/08/III/2024 dated March 5, 2024 concerning Recommendations for Cancellation of the Results of the Intan Jaya Regency Plenary Vote Count Recapitulation. However, the recommendation was not followed up by the Election Organizer.
Prove Vote Recap is Valid
The KPU in its reply said that the Petitioner did not have legal standing because it was not based on written approval by the General Chairperson and Secretary General of the Gerindra Party, the recommendation was only given by the Gerindra branch executive board (DPC) Management. Furthermore, according to the Respondent, the petition is also unclear or vague because it contains illogical matters such as postulating a delay in the delivery of logistics, but on the other hand concludes that it has votes in Agisiga District.
“The Petitioner does not have legal standing because it is not based on recommendations from the chairman and secretary general of the party, but only based on recommendations from the DPC. In our opinion, the DPC recommendation cannot be used. In addition, the petitioner's also vague because it explains the delay in the delivery of logistics, but on the other hand concludes that it obtained votes in Agisiga District,” said Sigit Nurhadi Nugraha as KPU's legal counsel.
The KPU also rejected all of the Petitioner's arguments because the petitioner's arguments were wrong in their entirety. According to the KPU as the Respondent, based on the recapitulation of valid votes made by the Petitioner, the number of valid votes from Tambage, Nabia, Danggoa, Kombogosiga, and Soali villages amounted to 5,049 votes, clearly in this case there was a difference of 260 votes. This means that the petitioner made by the Petitioner is not based on actual evidence and facts, but is only made on opinion alone on the recapitulation of the results made by the Petitioner himself. In fact, the Petitioner only received 277 votes, namely only at polling station 3 Tambage Village. The Petitioner did not get votes at other polling stations or villages.
The Respondent also denied the Petitioner's arguments regarding fraud or diversion of votes at the district level by the PPD. In fact, there was a recapitulation of votes carried out by PPD, as evidenced by the D.Results document for the Agisiga District and Biandoga District. Based on this evidence, the votes for Salmon Nagapa, a candidate for Intan Jaya Regency DPRD member from Gerindra Party number 2, did not come from Agisiga District, but from Biandoga District. In addition, regarding the recommendation of the Intan Jaya Regency Bawaslu No. : 083/Rekom.01.0/K.PT/081111/2024, this letter has been revoked by Bawaslu with No. 085/Rekom.01.01/K-PT/081111/2024 after the Respondent provided clarification which caused Bawaslu to revoke the letter.
Bawaslu Cancels Recommendation
Meanwhile, Bawaslu, in its statement, also explained that the Intan Jaya Regency Bawaslu issued a recommendation to the Intan Jaya Regency KPU through Letter No. : 083/Rekom.01.01/K.PT/081111/2024 regarding Recommendations for Cancellation of Intan Jaya Regency Plenary Vote Results dated March 4, 2024. According to Bawaslu Intan Jaya Regency, because the recommendation has been followed up with the provision of Minutes No. : 230/PL.01.8-BA/9407/2024 concerning Receipt of Results of Recapitulation of Vote Acquisition Calculation of Model C-Form on March 1, 2024 by KPU Intan Jaya Regency, which basically explains that the Model C-Form and copies were not received when the District Election Committee submitted the recapitulation of vote counting results, therefore, Bawaslu Intan Jaya Regency issued a recommendation cancellation based on Recommendation Letter No. : 085/Rekom.01.01/K.PT/081111/2024.
Based on the answers that have been explained, the Respondent requests the Court to decide to reject all of the petitioners' requests and declare the KPU Decree No. 360 of 2024 as correct.(*)
Author : Adam Ilyas.
Editor : Lulu Anjarsari P.
Public Relations: Tiara Agustina
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.
Monday, May 06, 2024 | 14:32 WIB 48