Justice M. Guntur Hamzah delivering the Court’s verdict at a ruling hearing for the 2024 legislative election results dispute in the plenary courtroom, Tuesday (5/21/2024). Photo by MKRI/Teguh.

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JAKARTA, (MKRI) — The Constitutional Court (MK) delivered a verdict for the 2024 legislative election results dispute (PHPU) filed by the United Development Party (PPP). The Decision No. 46-01-17-16/PHPU.DPR-DPRD-XXII/2024 was announced on Tuesday, May 21, 2024 in the plenary courtroom.

“Before delivering the final decision, the Court declares the Petitioner’s petition on the vote counts for DPR candidates in the electoral districts of Banten I, II, III and Tangerang DPRD candidates in the electoral district of Tangerang City 4 inadmissible,” said Chief Justice Suhartoyo alongside the other eight constitutional justices. In this case, Constitutional Justice Arsul Sani exercised his right to abstain.

He continued that the Petitioner’s petition on the vote count for the Serang City DPRD (Regional Legislative Council) election in the electoral district of Serang 1, which was also mentioned in the petition, would proceed to an evidentiary hearing.

In its legal considerations, delivered by Constitutional Justice M. Guntur Hamzah, the Court stated that the Petitioner’s claims about the vote counts for DPR (House of Representatives) election in Banten I, II, and III were unclear. The Petitioner claimed its votes were transferred to Garuda (Indonesian Guard of Change Party) but did not specify the locations or recapitulation levels. Additionally, the claims about the vote counts for Tangerang City DPRD in Tangerang City 4 showed inconsistencies between the comparison tables and explanations for both PSI (Indonesian Solidarity Party) and the Petitioner.

Justice Guntur also highlighted inconsistencies in the Petitioner’s posita and petitum. The posita contested PSI’s vote increase, while the petitum solely sought to establish the Petitioner’s votes without addressing PSI’s votes. Moreover, the petitum’s request of revote lacked details of the polling stations, only listing subdistricts and number of villages, diverging from the posita.

“The Court finds that the Petitioner’s petition does not meet the formal requirements. The complete legal considerations will be included in the final decision. Therefore, the a quo petition regarding the vote counts for DPR candidates in Banten I, II, III, and Tangerang City DPRD candidates in Tangerang City 4 does not meet the formal requirements for a DPR and DPRD election results dispute petition and must be declared obscure,” Justice Guntur emphasized.

Also read:

Votes Went to Garuda, PPP Challenges Election Results in Banten

KPU, Bawaslu, Garuda Deny PPP’s Argument of Vote Transfer in Banten Province

At the preliminary hearing on April 29, the Petitioner argued that there were vote transfers from PPP to Garuda in Banten I (5,000 votes), Banten II (5,450 votes), and Banten III (8,150 votes) due to miscounting by the Respondent. Therefore, the Petitioner requested the annulment of the General Elections Commission (KPU) Decree No. 360 of 2024 for the electoral districts of Banten I, II, III; Serang City DPRD for Serang I, and Tangerang City DPRD for Tangerang 4.

Author              : Utami Argawati
Editor               : Lulu Anjarsari P.
PR                    : Fauzan Febriyan
Translator         : Dzaki Difa Al Hadiid, 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.

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