The Respondent with its legal counsel Petrus P. Ell. attending a follow-up hearing for case No. 09-01-14-11/PHPU.DPR-DPRD-XXII/2024 on the 2024 legislative election results dispute to hear the Respondent’s response and Bawaslu’s statement, Monday (13/5/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) – The General Elections Commission (KPU) asserted that the recapitulation process at the Cilincing Subdistrict level went smoothly and in accordance with the provisions in KPU Regulation No. 5 of 2024. This was conveyed by Pieter Ell representing the KPU as the Respondent in a hearing presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih. The election results dispute case No. 09-01-14-11/PHPU.DPR-DPRD-XXII/2024 was filed by the Democratic Party on election of the Provincial DPRD (Regional Legislative Council) members for the electoral district DKI Jakarta 2.

The KPU said during the North Jakarta City Level Recapitulation, specifically for Cilincing Subdistrict on March 5, 2024, the process initially went smoothly. However, the Petitioner's witness filed an objection and requested a re-plenary in Cilincing Subdistrict. Regarding this objection, the North Jakarta KPU sought the opinion of the Elections Supervisory Body (Bawaslu) of North Jakarta, which then ordered a re-plenary in the subdistrict. On March 6, 2024, the KPU held a re-recapitulation in Cilincing Subdistrict, and the results were reported back on the same day at 17.00 WIB. The results of the re-plenary in Cilincing Subdistrict did not change from the initial recapitulation results.

“All vote counting processes at 233 polling stations (TPS) have been carried out in stages and there were no objections from the Petitioner's witnesses. Objections only arose during the recapitulation at the North Jakarta city level on March 5, 2024. After that, Bawaslu ordered the Respondent to conduct a re-plenary, and the result was that the Petitioner’s vote acquisition and all political parties was the same as the previous plenary results,” said Pieter at the Panel 3 hearing held on Monday, May 13, 2024.

However, according to the KPU, after the results of the re-recapitulation in Cilincing Subdistrict were reported back at the North Jakarta City level recapitulation and ratified at the City Plenary, the Petitioner’s Witness repeatedly filed an objection which basically requested a comparison of C. Result data in Cilincing Subdistrict, North Jakarta City. Regarding the Petitioner’s objection, the North Jakarta KPU could not follow up on the grounds that the C. Results were part of the correction during the subdistrict level recapitulation and has been carried out at the Cilincing Subdistrict Plenary meeting.

According to the KPU, the accurate vote count on election of the Provincial DPRD members for DKI Jakarta 2 of Cilincing Subdistrict, North Jakarta City for the Democratic Party was 15,602 votes, while the National Democratic Party (NasDem) was 36,369 votes.

For the answers that have been explained, the Respondent requests the Court to grant all of the Respondent's exceptions, reject all of the Petitioner's requests, and declare the KPU Decree No. 360 of 2024 valid.

Also read: Democrat, NasDem Compete for Ninth DPRD Seat in Jakarta 2 

No Incidents

At the hearing, Bawaslu DKI Jakarta Province provided information regarding the vote margin between the Democratic Party and the Nasdem at several TPS in Cilincing Subdistrict, North Jakarta City. Based on the Supervisory Report of the Cilincing by the subdistrict elections supervisory committee (Panwaslu) No. 410/LHP/PM.01.02/P4/II/2024, dated March 02, 2024, the vote count recapitulation process that took place from February 15 to March 02, 2024 at the West Semper Multipurpose Building was carried out by the subdistrict election committee (PPK) of Cilincing Subdistrict with support from the polling committee (PPS). The report shows that there were no incidents relevant to the Petitioner's request during the monitoring process.

“During the supervision process of the vote count recapitulation carried out per class by the PPK Cilincing Subdistrict assisted by PPS, there were no incidents relevant to the Petitioner's request, as recorded in the Supervisory Report,” said Sakhroji representing Bawaslu.

Desperate Arguments

Besides the KPU and Bawaslu, the NasDem as a Relevant Party also testified in this case. The Relevant Party stated that the arguments presented by the Petitioner were desperate arguments, all political parties certainly had witnesses at each TPS to ensure that the vote count was accurate and appropriate. The Petitioner's argument regarding the vote count during recapitulation at the subdistrict level did not guide the C.Results of DPRD vide Article 16 paragraph (1) letter b of KPU Regulation No. 5 of 2024 is incorrect. Because the C results, which are also owned by the Nasdem, are the same as the D results owned by the Cilincing Subdistrict PPK.

According to the Relevant Party, the accurate vote count for the Petitioner was 15,602 votes and the Relevant Party was 36,369 votes. “We agree with the vote count as certified by the Respondent, Your Honor,” said Hemma Anggiat Simanjuntak as the Relevant Party's legal counsel.

Previously, at the preliminary hearing, the Petitioner argued that there was a margin in the vote acquisition between itself and the NasDem which had an impact on the acquisition of the 9th seat in the DPRD for DKI Jakarta 2. The Petitioner argued that the NasDem should have received 72,698 votes, but the Respondent, certified 75,100 votes. The number of votes for the Petitioner, according to both the Petitioner and the Respondent, was the same, namely 24,993 votes.

The Petitioner suspected that the discrepancy in vote margins between the Petitioner and the NasDem, which affected the acquisition of the 9th DPRD seat in DKI Jakarta 2, was caused by calculations that did not adhere to the DPRD Election C during the recapitulation at the subdistrict level in Cilincing.

In the petition, the Petitioner requested the Court to annul the KPU Decree No. 360 of 2024 and stipulate the accurate vote acquisition results for the Petitioner and the NasDem as deemed accurate by the Petitioner, so that they obtained the 9th DPRD seat in DKI Jakarta 2.

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.

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