Respondent's legal counsel M. Faiz Putra Syanel, assisted the Respondent to attend the hearing of Case No. 08-24/PHPU.DPD-XXII/2024 PHPU of the 2024 DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD (Regional Legislative Council) with the agenda of listening to the Respondent's answers and statements of the Election Supervisory Agency (Bawaslu) on Monday (5/13/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The General Election Commission (KPU) as the Respondent in  the Legislative Election Results Dispute (PHPU), stated that Sri Sulartiningsih, a DPD candidate from North Kalimantan Province, had made a mistake in comparing vote count data based on tiered recapitulation. This was conveyed by the KPU in a hearing presided over by Constitutional Justice Arief Hidayat, with the Constitutional Justices Anwar Usman and Enny Nurbaningsih. The Case No. 08-24/PHPU.DPD-XXII/2024 was filed by DPD candidates from North Kalimantan Province.

"According to the Petitioner's argument, he has made a mistake in comparing data, because the Petitioner compares the C-Plano version of the petitioner with the District / City D Form -Results," said M. Faiz Putra Syanel as the Respondent's legal counsel in a hearing held in Panel 3 Courtroom on Monday (13/5/2024).

The KPU asserts that if the Petitioner wants to compare the C-Plano data (the Petitioner's version), the data should be compared with the D-Results data at the Sub-district Level, not with the D-Results at the District/City Level. This is because the substance of the D-Results at the Sub-district Level contains an appendix on the vote acquisition data at polling stations in each village/sub-district, so that a data comparison can be clearly seen. However, it is different from the D-Results at the district/city level, which certainly does not present data up to the polling station level, but only presents the substance of the vote acquisition at the sub-district level, not the polling station.

According to the KPU, because the Petitioner compared the C-Plano data with the D-Results at the district/city level, the Petitioner's argument is an argument that cannot be compared and is not by the tiered recapitulation procession in Indonesia.

Furthermore, the KPU stated that although the Petitioner did not explain in detail the locus of the problem alleged by the Petitioner, the Respondent had found a specific locus related to the difference in calculation argued by the Petitioner. Namely, it is located at Polling Station 001 Sumantipal Village, Lumbis Pansiangan District, Nunukan Regency, North Kalimantan Province. By looking at data comparisons using commensurate comparisons, in this case, the Petitioner's version of C-Plano, the Respondent's C-Results, and Appendix D of the Respondent's Sub-district Results, it appears that there is no difference between the recapitulation process that occurs at the polling station level to the sub-district.

"By using comparable data, namely the Petitioner's version of C Plano, the Respondent's C-Results, and Appendix D of the Respondent's Sub-district Results, it appears that there is no difference between the recapitulation process that occurs at the TPS level to the sub-district," said M. Faiz Putra Syanel.

For the answers that have been explained, the Respondent requested the Court to accept and grant all of the Respondent's exceptions, and in the main case reject all of the Petitioner's requests and declare that the General Election Commission Decree No. 360 of 2024 is correct.

Also read: North Kalimantan DPD Candidate Appeals to Court Over Additional Votes for Other Candidates

Meanwhile, during the hearing, Bawaslu explained that the vote acquisition determined by the Respondent was by the Supervisory Report (LHP) No. 001/LHP/PM.01.01/111/2023 dated March 9, 2024 at the stage of Recapitulation of Vote Acquisition Results at the North Kalimantan Province level. The votes for DPD candidates in North Kalimantan Province Numbers 01, 10, and 15 were Abd. Djalil Fatah 3,649 votes, Marthin Billa 5,341 votes, and the Petitioner 11,871 votes. "The results are the same as the Respondent," said Sulaiman, representing Bawaslu.

Previously, in the preliminary hearing, the Petitioner alleged that there was a difference in the vote count determined by the Respondent (KPU) against the votes of the Petitioner, Abd. Djali Fatah, and Marthin Billa. According to the Petitioner, the votes that should have been obtained by Abd. Djali Fatah were 3,647, different from the number 3,649 determined by the Respondent. Meanwhile, the vote that should have been obtained by Marthin Billa was 5,313, different from the total of 5,341 determined by the Respondent.  Meanwhile, the Petitioner's votes according to both the Petitioner and the Respondent totaled 11,871 votes. The Petitioner alleges that the additional votes for Abd. Djali Fatah and Marthin Billa were 2 and 28 votes respectively due to the C. Plano being different from the D. District/City Results. If the additional votes for candidate 1 and Candidate 10 are deducted, then the Petitioner can have the seat of DPD.

Based on the arguments presented, the Petitioner requested the Constitutional Court to grant his petition by canceling the 2024 General Election Commission Decree No. 360 and determining the vote acquisition results of the 2024 DPD Election for North Kalimantan Province as deemed correct by the Petitioner.(*)

Author : Adam Ilyas
Editor : Lulu Anjarsari P.
PR :Tiara Agustina
Translator : Frity Michael Br Sembiring

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.

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