Court Dismisses Golkar Candidate's Petition Due to Lack of Legal Standing
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The Petitioner’s legal counsel Syair Abdulmutalib, while attending a ruling hearing for the 2024 legislative election results dispute of West Java, on Tuesday (05/21/2024). Photo by MKRI/Ifa.


JAKARTA (MKRI) — The case for the 2024 City/Regency DPRD (Regional Legislative Council) filed by Sarim Saefudin, a DPRD candidate from the Party of Functional Groups (Golkar) declared inadmissible by the Court. The ruling hearing No. 224-02-04-12/PHPU.DPR-DPRD-XXII/2024 was held on Tuesday, May 21, 2024 in the plenary courtroom.

“[The Court] adjudicated, relating to the petition’s subject matter, to rule that the Petitioner’s petition is inadmissible,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

Justice Daniel Yusmic P. Foekh, reading out the legal considerations, said that the documents uploaded by the Petitioner did not contain a letter of approval from Golkar. Moreover, in the Preliminary Hearing on April 30, 2024, after being clarified by the Court, the Petitioner confirmed that he had not obtained a written approval letter from the political party to file a legislative election results dispute petition individually.

“[The Court] Based on the legal considerations above, according to the Court, the Petitioner did not fulfill the formal requirements of the petition as referred to in Article 8 paragraph (3) of PMK (Constitutional Court Regulation) 2/2023. Therefore, the Respondent's exception regarding the Petitioner does not have legal standing is well-founded according to law. As such, the Court believes that the Petitioner does not have legal standing to file the a quo petition,” Justice Daniel said.

According to the Court, although the Court has the authority to hear the petition and since it was filed within the time period stipulated by the legislation, however, as the Petitioner does not have the legal standing to file the petition, the response of the Respondent, the statement of the Bawaslu (Elections Supervisory Body), and the petition subject matter are not considered any further since they would be irrelevant.

Also read:

Golkar Candidate Argues Vote Difference for Bekasi DPRD

KPU: Golkar Rejects Petition on Regency DPRD Election for Bekasi 6

Initially, the Petitioner acquired the most votes among the Golkar candidates for the Bekasi Regency DPRD election of Bekasi electoral district 6, which acquired 14,812 votes based on the C. Copy Result form. According to the Petitioner, there was vote inflation in Pebayuran Sub-district resulting in additional votes for Candidate Number 1, Novi Yasing, in 11 villages of Pebayuran Sub-district. The Petitioner claimed to have reported the violation to the Bekasi Regency Bawaslu and it was proven that the Pebayuran Sub-district election committee (PPK) added Novi's votes by 2,854 votes.

In his petitum, the Petitioner requests that the Court cancel the General Elections Commission (KPU) Decree No. 360 of 2024 on the certification of the 2024 legislative election results of the DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD announced nationwide on March 20, 2024 at 22:19 WIB as it pertains 127 polling stations in 11 villages in Pebayuran Sub-district of Bekasi electoral district 6 for Bekasi Regency DPRD. He also asks the Court to order the KPU to conduct a ballot recount at several polling stations under statutory regulations within 14 working days after the pronouncement of the verdict.

Author    : Utami Argawati
Editor     : Lulu Anjarsari P.
Translator : Putri Ratnasari

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.

 


Tuesday, May 21, 2024 | 11:11 WIB 128