Failure to Submit Evidence, PKB Candidate's Petition Inadmissible
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Constitutional Justice Arief Hidayat when delivering the Court’s verdict at a ruling hearing for the 2024 legislative election results dispute, Tuesday (5/21/2024). Photo by MKRI/Teguh.


Jakarta (MKRI) – The Constitutional Court (MK) adjudicated the case filed by Hasbi Ahmad, a North Aceh DPRK (the Regency/City Legislative Council) candidate for the electoral district North Aceh 5 from the National Awakening Party (PKB) inadmissible. The constitutional justices declared that a petition No. 175-02-01-01/PHPU.DPR-DPRD-XXII/2024 did not meet the formal requirements of the petition because it did not include evidence. The Ruling Hearing was held on Tuesday, May 21, 2024 at the plenary courtroom.

“In the exception, [the Court] grants the Respondent's exception regarding the formal defect of the petition, rejects the Respondent's and the Relevant Party's exception for other than and the rest. In the main petition, [the Court] declares the Petitioner's petition inadmissible,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

The Court declared that the submission of the Petitioner's petition, which only included a list of evidence without any valid evidence to support its petition, caused the petition not to fulfill the provisions in Article 31 paragraph (2) of the Constitutional Court Law and Article 9 paragraph (2) of the Constitutional Court Regulation No.2 of 2023. Thus, the Petitioner's petition was declared to have failed to meet the formal requirements for filing a petition.

“According to the Court, the submission of the petition by only submitting a list of evidence without being accompanied by valid evidence supporting the petition causes the petition not to fulfill the provisions in Article 31 paragraph (2) of the Constitutional Court Law and Article 9 paragraph (2) of the Constitutional Court Regulation No.2 of 2023. Thus, the petition does not fulfill the formal requirements for filing a petition,” said Constitutional Justice Arief Hidayat.

Also read:

PKB Candidate Alleges Vote Inflation in North Aceh by Fellow Party Member 

KPU Refutes Claims of Vote Purge by PKB in North Aceh 5 

Previously, the Petitioner’s legal counsel, Subani, argued there was a vote margin between the Petitioner's vote as certified by the Respondent and the correct vote according to the Petitioner. The Petitioner explained that his vote in Lapang Subdistrict should have been 184 votes, but the vote determined by the Respondent was only 54 votes. According to the Petitioner, the vote margin was due to the vote inflation for a North Aceh Regency DPRK candidate from PKB on behalf of Muhammad Rizal, S.E. in Lapang Subdistrict. The vote inflation was due to a data input error by the Respondent. This can be known after comparing the C-result (Plano), C-copy, and D-result documents.(*)

Author: Adam Ilyas
Editor: Lulu Anjarsari P.

Translator: Intana Selvira Fauzi / Fuad Subhan

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 | 19:42 WIB 91