The Respondent’s legal counsel when delivering a statement at a follow-up hearing of Case No. 277-01-02-06/PHPU.DPR-DPRD-XXII/2024 PHPU Members of the DPR, DPD, Province/Regency DPRD, Monday (5/13/2024). Photo by MKRI/Bayu.
JAKARTA, MKRI – The Constitutional Court (MK) held a hearing on the Election Results Dispute (PHPU) 2024 of Members of the the House of Representatives (DPR), the Regional Legislative Council (DPRD) for Case No. 277-01-02-06/PHPU.DPR-DPRD-XXII/2024. The Petitioner was filed by the Great Movement Party (Gerindra) to fill the Musi Rawas Regency DPRD member for Musi Rawas Election District 3.
The hearing was conducted by Panel 3 heard by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih, on Monday, May 13, 2024. The agenda of the hearing was to listen to the Respondent's (KPU) Response, the Relevant Party's statement, and Bawaslu's statement, as well as the ratification of evidence.
The Respondent through his legal counsel, Abdullah, claimed that the election administrative violations occurred before the determination of the results of the national election results. According to the Respondent, the examination and resolution of administrative violations that occurred was not the authority of the Court.
“The Petitioner’s is not clear. The Petitioner argues that there is a difference in the document C. Copy Results with C. Plano Result and D. Sub-district Result at polling station (TPS) 3 Tri Anggun Jaya Village, TPS 6 Semangus Village, TPS 6 Sungai Pinang Village, TPS 10 Sungai Pinang Village. The Petitioner argued that there was an addition of votes to the Golkar Party, due to a writing error in the C. Copy Results with C. Plano Results and D. Sub-district Results, and this happens in stages at the recapitulation stage at the TPS level, at the sub-district level which then becomes a guideline for recapitulation at the Musi Rawas Regency KPU level,” Abdullah said.
However, the Petitioner did not take legal action at the district level, indicating that the Petitioner had no objection to the organization or results of the vote in the Election of Members of the Musi Rawas Regency DPRD Dapil 3.
There is a difference in Golkar Party votes based on C Plano and D. After being compared, there are no additional votes at TPS 3 Tri Anggun Jaya Village, TPS 6 Semangus Village, TPS 6 Sungai Pinang Village and TPS 10 Sungai Pinang Village. Therefore, the Petitioner's argument regarding the addition of votes for the Golkar Party is incorrect.
“Dalam pokok permohonan Pemohon mengenai penambahan suara karena adanya kesalahan penulisan jumlah perolehan suara pada dokumen Model C. Hasil Salinan yang berbeda dengan perolehan pada dokumen C. Hasil Plano dan juga berbeda dengan Model D. Hasil Kecamatan-DPRD KABKO adalah Tidak Benar,” Abdullah.
“In the main petition regarding the addition of votes due to an error in writing the number of votes obtained in the document Model C. Copy results in document C. Plano results and also different from Model D. District-DPRD KABKO results are not true,” Abdullah.
Therefore, the Respondent requests the Court to make a Decree, in the exception accept the Respondent's exception; reject the Petitioner's in its entirety; declare valid and correct the KPU Decree No. 360 of 2024 concerning Determination of the PHPU of the President and Vice President, Members of the DPR, DPDl, Province/Regency DPRD nationally in the General Election of 2024, dated March 20, 2024. In filling the members of the Musi Rawas Regency DPRD in the Musi Rawas III Electoral District and determining the results of the vote acquisition for filling the membership of the Regency DPRD in the Musi Rawas III Electoral District is in accordance with the KPU Decree No.360 of 2024.
Golkar Party's response
The Golkar Party as a Relevant Party stated that the Petitioner filed a PHPU for the Member of DPRD Musi Rawas District Musi Rawas 3 and DPRD Lahat District Lahat 6. The Golkar Party questioned whether the PHPU of the Member of DPRD Musi Rawas Regency or DPRD Lahat Regency was actually requested by the Petitioner?
“It is clearly confusing and unclear. Therefore, according to the legal counsel for the court, the Petitioner is rejected,” said Ahmad Suherman, legal counsel for the Relevant Party.
Furthermore, the Relevant Party responded to the additional votes at TPS 3 Tri Anggun Jaya Village, Muara Lakitan District by 13 votes. In its argument, the addition of votes is incorrect because the Related Party's vote is based on the correct C. The correct result (Plano) of TPS 3 Tri Anggun Jaya Village is 32 votes which is the result of the summation between the votes of the Party and Golkar Party Candidates.
Bawaslu Statement
In the Bawaslu statement, the recapitulation results at the sub-district level were in accordance. Bawaslu explained that on February 28, 2024 at 19.00 WIB, there was a report of alleged violations. The report has met the formal requirements and it is suspected that there is a violation of election crimes. For the report, an examination process has been carried out and based on the results of the study, the report cannot be followed up because there is insufficient evidence.
Read Also: Gerindra Competes with Golkar for Third Seat in Musi Rawas 3
Author : Siti Rosmalina Nurhayati.
Editor : Nur R
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 13, 2024 | 17:49 WIB 50