Inconsistent Identity of the Petitioner Nagan Raya

JAKARTA (MKRI) — The Constitutional Court (MK) held a follow-up hearing for the DPRK (Aceh Regency/City Legislative Council) election results dispute of Nagan Raya Regency, on Wednesday, May 8, 2024. The case No. 18-02-21-01/PHPU.DPR-DPRD-XXII/2024 was filed by TR. Muhibuddin dan Abdul Rahman.

The hearing was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman and Enny Nurbaningsih, in Panel 3. The session was to hear the response from the Respondent, statements from relevant parties, and testimony from Bawaslu (Elections Supervisory Body).

Inconsistent Petitioner

The General Elections Commission (KPU) as the Respondent argued that the Court did not have the authority to examine, hear, and decide on the general election results dispute (PHPU) case filed by the Petitioner. The Respondent argued that the Petitioner's request is the authority of Bawaslu.

"The Petitioner's petition is not a general election result dispute (PHPU), but legal issues related to election administrative violations and election fraud, including those that occur in a structured, systematic and massive manner, which is the authority of Bawaslu," said the Respondent's legal counsel, Petrus P.EII.

The Respondent also argued that the Petitioner does not have legal standing to file a petition for the 2024 PHPU of Nagan Raya Regency DPRK. In addition, the Petitioner also does not have legal standing because the petition was filed by a person, not an individual as stipulated in Article 8 of PMK 2/2023.

The petition is even more unclear and inconsistent because during the preliminary hearing of this case on April 30, 2024, the Petitioner requested the Court to change the subject of the Petition. Initially, the Petitioners were Muhibuddin and Abdul Rahman, then the Petitioner requested to change the Petitioner to the Aceh Party.

In the main petition, the Petitioner did not at all dispute the votes obtained by the Petitioner. The Petitioner only disputes the votes obtained by the Aceh Party. Then, there is a confusion regarding the locus of the argued polling station, which is "TPS @". Thus, the Respondent highlighted that the petition was not consistent with each other.

The Bawaslu Testimony

The Panwaslih (voters supervisory committee) of Nagan Raya Regency in the vote dispute argued that between the Petitioner and Respondent in this petition stated that they had never received a report related to the vote dispute as argued, whether it was a report at the level of PTPS (polling station supervisors), Village Supervisors, Sub-district Supervisory Committees, and also Panwaslih of Nagan Raya Regency. Then, the Nagan Raya Regency Paswaslih in the vote dispute argued between the Petitioner and Respondent in this petition has never had any findings based on Form A Supervision carried out at the mentioned levels.

The Naga Raya Regency Panswasli has also never received a request for dispute resolution, both between election participants and organizers and also between election participants at the level of PTPS, Village Supervisors, Sub-district Supervisory Committees, and Panwaslih of Nagan Raya Regency.

News

Inconsistent Identity of the Petitioner Nagan Raya