Bawaslu and its legal counsels attending another hearing on the 2024 legislative election results dispute (PHPU) to hear the Respondent’s response and Bawaslu’s statements, Monday (5/13/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) — The General Elections Commission (KPU) as Respondent has emphasized that there have been no public responses regarding the status of Erick Hendrawan Septian Putra in the announcement of the temporary candidates list (DCS) for the 2024 DPRD (Regional Legislative Council) election in Tarakan City, both in print and electronic media. Through Zahru Arqom, the KPU made this assertion during a hearing presided over by Constitutional Justice Arief Hidayat, accompanied by Constitutional Justices Anwar Usman and Enny Nurbaningsih. The case No. 226-01-17-24/PHPU.DPR-DPRD-XXII/2024 on the Tarakan City DPRD election in electoral district (dapil) 1 of Tarakan Central Subdistrict, Tarakan City, North Kalimantan Province, was filed by the United Development Party (PPP).
“The temporary candidates list had been published, yet there was no response from the public,” said Zahru at another hearing held on Panel 3 on Monday, May 13, 2024.
The KPU explained that on March 3, 2024, an open plenary meeting for the recapitulation of the 2024 election vote count at the Tarakan City level was held. The results were documented in the regency/city-DPRD D-result form for the electoral district of Tarakan City 1 and in the Tarakan City KPU Decree No. 86 of 2024. However, this decree was later revoked and replaced by Decree No. 87 of 2024.
Furthermore, on March 19 or a day before the national-level vote result announcement, and after the announcement of the results at the district/city level, the results of hearing concerning alleged electoral administrative violations involving Erick Hendrawan Septian Putra was disclosed. According to the KPU, the Tarakan City Bawaslu (Elections Supervisory Body) decree, which was being disclosed, had exceeded the timeframe for the district-level vote result announcement. The election outcome for legislative candidate Erick Hendrawan Septian Putra was formalized through the Tarakan City KPU Decree No. 87 of 2024 on the stipulation of DPRD Tarakan City election results, issued on March 17, 2024.
In response to the explanations provided, the Respondent requests the Court to accept and grant all the Respondent’s exceptions, and to dismiss all of the Petitioner’s petitums and to affirm the KPU Decree No. 360 of 2024.
Also read: PPP Alleges Golkar Candidate in Tarakan Tengah 1 District Fails Legal Requirements
Violations Proven
Meanwhile, at the hearing, Bawaslu declared that they had received a report of electoral violations. This report, submitted by Ardiansyah on February 19, highlighted discrepancies in the nomination documents of Erick Hendrawan Septian Putra from the Party of Functional Groups (Golkar), who ran for Central Tarakan Subdistrict 1. The disputed documents included a police record from Tarakan Police and a certificate from Tarakan District Court, which differed from the Samarinda District Court’s Decision.
The Tarakan City Bawaslu immediately coordinated with the Samarinda District Court on March 6 to verify Decision No. 207/Pid.B/2019/PN Smr issued on May 23, 2019, where Erick Hendrawan Septian Putra was listed as a defendant. The court affirmed this decision. Bawaslu also received a photocopy of this decision as part of the evidence.
At the hearing on March 19, 2024, Bawaslu read out the Decision No. 002/LP/ADM.PL/BESL.KOTA/24.01/II/2024, which was made public. In this decision, Erick Hendrawan Septian Putra was declared to have committed electoral administrative violations convincingly and lawfully. Additionally, it was stated that he did not meet the requirements as a permanent candidate member of the Tarakan City DPRD for Tarakan City 1 in the 2024 general election. Bawaslu instructed the Tarakan City KPU to enforce this decision in accordance with applicable regulations.
“The decision states that the reported, identified as Erick Hendrawan Septian Putra, has convincingly and lawfully committed electoral administrative violations. It declares that the reported, Erick Hendrawan Septian Putra, did not meet the requirements as a permanent candidate member of the Tarakan City DPRD for Tarakan 1 of Tarakan City in the 2024 election. Bawaslu instructs the Tarakan City KPU to enforce this decision in accordance with applicable regulations,” said Sulaiman representing Bawaslu.
Bawaslu’s Deviation
In this case, apart from KPU and Bawaslu, Golkar also acted as the Relevant Party. Through its legal counsel, it stated that the actions of the Tarakan City Bawaslu in processing, examining, and deciding on Report No. 002/LP/ADM.PUBWSL.KOTA/24.01/11/2024 constituted abuse of power. It asserted that such an action deviated from the provisions in Article 467 paragraphs (1) and (4) of the Election Law. Golkar’s legal counsel Daniel Febrian Karunia Herpes said, “Bawaslu’s actions, according to the Relevant Party, in processing, examining, and deciding on Report No. 002/LP/ADM.PUBWSL.KOTA/24.01/11/2024 constituted abuse of power.”
On the other hand, Golkar argued that the Tarakan City KPU’s action of not implementing the Tarakan City Bawaslu decree as appropriate and correct. It asserted that the Bawaslu decree did not invalidate the Tarakan City KPU Decree No. 83 of 2023 on the permanent candidate list of the 2024 DPRD election of Tarakan City, issued on November 3, 2023.
At the preliminary hearing, the Petitioner alleged Golkar legislative candidate Erick Hendrawan Septian Putra had committed administrative electoral violations, which was stated in the Tarakan City Bawaslu Decree No. 002/LP/ADM.PL/BWSL/KOTA/24.01/III/2024 dated March 19, 2024. The decree also states that he did not meet the requirements as a permanent candidate member of the Tarakan City DPRD for Tarakan 1 in the 2024 election.
The Petitioner stressed that the Respondent (KPU) did not consider and enforce the Bawaslu decree by issuing the Tarakan City KPU Decree No. 87 of 2024.
Based on the arguments presented, the Petitioner requests the Court to grant its petition by annulling the KPU Decree No. 360 of 2024, order to declare that legislative candidate Erick Hendrawan Septian Putra from Central Tarakan Subdistrict I, Tarakan City, ineligible. Therefore, the Respondent must declare Erick’s 2,335 votes invalid. Additionally, the Petitioner requests the Court to order the Respondent to declare the Petitioner the elected legislative candidate from that electoral district with a total of 2,289 votes.
Author : Adam Ilyas
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Naomi Andrea Zebua, Yuniar W.
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 | 17:05 WIB 107