KPU Deems PAS Aceh’s Petition Vague
The Respondent’s legal counsel at hearing for case No. 121-02-22-01/PHPU.DPR-DPRD-XXII/2024 on the 2024 legislative election result dispute presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih to hear responses from the Respondent, Relevant Parties, and Bawaslu, Tuesday (5/7/2024). MKRI/Bayu.
JAKARTA (MKRI) — The Constitutional Court (MK) held a follow-up hearing over the 2024 election results dispute (PHPU) of Regional Legislative Council (DPRD) for the electoral district East Aceh 2 to hear responses from the General Elections Commission (KPU) as Respondent, Relevant Parties, and Elections Supervisory Body (Bawaslu). The hearing was filed by Subki Tgk. Jek, a DPRD candidate from the Prosperous Justice Party (PAS Aceh). The hearing for case No. 121-02-22-01/PHPU.DPR-DPRD-XXII/2024 held on Tuesday, May 7, 2024, presided over by the Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on the Panel 3.
Petitioner’s and the Respondent’s versions. Based on the comparison between C Results Model Form of DPRK (the Aceh Regency Legislative Council) and D Results Model Form of DPRK Subdistrict from two subdistricts in East Aceh 2, namely East Peureulak and Ranlo Peureulak, there was a vote margin or vote inflation in favor of PAS Aceh candidate number 5 on behalf of Muhammad Daud with 77 votes. The vote inflation caused the Petitioner to lose his seat in the East Aceh DPRK.
In its response, the KPU said that the content of the petition was related to individual petitions, namely disputes between parties. However, it was the Chairman and Secretary General of the Party who submitted the petition and authorized a legal counsel to represent the PAS Aceh.
“The petition was filed by the Chairman and Secretary of the PAS Aceh who authorized a legal counsel to file a petition to the Court. This means that this petition is not an individual petition. However, the subject matter of this petition contains internal disputes between candidates of the PAS Aceh,” said Putera A. Fauzi as the Respondent's legal counsel.
Therefore, PAS Aceh is not entitled to file an internal party dispute petition. Thus, the Petitioner has no legal standing to file a petition to the Court, so it must be declared inadmissible.
Furthermore, Putera said that the petition was obscure (obscuur libel) due to the petitioner's argument that he did not know where the additional votes came from, proving that he did not know how many votes Muhammad Daud actually had. This means that the Petitioner does not know where Muhammad Daud's additional votes came from, while according to the Petitioner, his vote has not changed.
Based on the answers that have been explained, the Respondent requests the Court to and grant all of the Respondent's exceptions, rejects all of the petitioners' requests, and declares that the KPU Decree No. 360 of 2024 is valid.
Also read: PAS Candidate Dispute in East Aceh 2, Request for Vote Recount
Bawaslu, in its statement, explained that based on C-Results Copy of DPRK documents in all East Perlak Subdistricts, the valid votes for Subki Tgk. Jek, candidate number 1, were 110 votes, and Muhammad Daud, candidate number 5 from PAS, obtained 24 votes. However, based on D-Results of East Perlak Subdistrict document, the valid votes for Subki Tgk. Jek were 110 votes, while Muhammad Daud obtained 238 votes.
Furthermore, based on C Results Copy of DPRK documents in all subdistricts of Rantau Perlak, Subki Tgk. Jek's votes were 47 votes, and Muhammad Daud obtained 901 votes. Meanwhile, based on D Results of Rantau Perlak Subdistrict, Subki Tgk. Jek received 47 votes, and Muhammad Daud obtained 963 votes. Thus, there was a vote margin of 62 votes between C Results and D Results in Rantau Perlak Subdistrict. (*)
Author : Adam Ilyas
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Intana Selvira Fauzi
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.
Tuesday, May 07, 2024 | 22:46 WIB 108