Inconsistency in Gerindra's Posita and Petitum for Minsel 3

The Respondent's legal counsel (KPU) accompanying the Respondent present at the follow-up hearing for case No. 31-01-02-25/PHPU.DPR-DPRD-XXII/2024 on the 2024 election results dispute of Province/Regency with the agenda to hear the Respondent’s response and the statement of the Elections Supervisory Body (Bawaslu), Tuesday, May 14 2024. MKRI/Bayu.

JAKARTA (MKRI) — The Constitutional Court (MK) conducted a hearing for the 2024 Election Results Dispute of Province/Regency submitted by the Great Indonesia Movement Party (Gerindra) for the candidacy of DPRD members for South Minahasa Regency, Electoral District (Dapil) Minsel 3. This hearing for case No. 31-01-02-25/PHPU.DPR-DPRD-XXII/2024, was presided over by Panel 3–Constitutional Justices Arief Hidayat, Anwar Usman, and Enny Nurbaningsih, on Tuesday, May 14 2024. The agenda of the hearing included listening to the response of the Respondent (KPU), statements from Related Parties, and Bawaslu, as well as the authentication of evidence.

KPU Response

In its response, the General Elections Commission (KPU) stated in its exception that the petitioner's request is unclear because in the posita, the petitioner does not include a comparison of the vote acquisition discrepancies according to both the petitioner and the respondent. The arguments submitted refer to administrative violations. Furthermore, the posita mentions that not all polling stations (TPS) in South Minahasa electoral district 3 experienced violations as claimed by the petitioner, yet in the petitum, the petitioner requests the court to conduct a re-vote throughout the South Minahasa 3 electoral district for the election of South Minahasa Regency DPRD members.

“This means the petitioner is inconsistent between what is claimed in the posita and what is requested in the petitum of the petition. Therefore, the petition becomes unclear because the posita does not correspond with the petitum,” said the respondent's legal counsel, Taufik Hidayat.

In the main body of the petition, the respondent explains that the petitioner does not juxtapose the vote acquisition according to both the petitioner and the respondent. The petitioner only alleges issues regarding suspected administrative violations. Then, the respondent denied the petition's claims about the alleged differences or discrepancies in the attendance lists according to both the petitioner and the respondent at 9 TPS.

In the Petitum, the respondent requests that the Court grants the respondent's exception. Then, it requests the Court to reject the petitioner’s petition and to declare the KPU Decision No. 260 of 2022 concerning the case as correct and lawful.

Response from Related Party

Jelij F.B Dokdokambey, legal counsel for the related party, in his exception states, the petitioner requests the Court to order the respondent to conduct a Re-Vote (PSU) in the Minahasa 3 electoral district. However, in the posita claim, the petitioner does not allege any condition or violation that necessitates a PSU.

Regarding the differences in the polling station lists at TPS 04 in Pinaesaan Village, the petitioner alleges differences in the attendance list at TPS 04 in Panaesaan Village. The related party argues that this claim is not true and has no correlation with the political party's vote acquisition.

Furthermore, concerning the differences or discrepancies in the lists at TPS 03 in Sion Village, this claim is also stated as untrue and has no correlation with the political party's vote acquisition. Regarding the differences or discrepancies in the list at TPS 04 in Sion Village, the petitioner alleges differences in the attendance list at TPS 04 in Sion Village. This request is declared untrue and has no correlation with the political party's vote acquisition.

Response from Bawaslu

Steffen Linu, representative of Bawaslu in North Sulawesi Province, explained the report by Ramli Mokoginta. Bawaslu has conducted a review and decided that the report does not meet formal requirements. Concerning the findings involving the Village Head of Tambalang who is suspected of being non-neutral, Bawaslu has decided that this matter is to be followed up by the State Civil Apparatus (ASN) Commission and recommends investigating the suspected neutrality violations of ASN.

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Inconsistency in Gerindra's Posita and Petitum for Minsel 3