The Petitioner’s legal counsel Muhammad Iqbal at a ruling hearing for the 2024 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) ruled the petition by the Great Movement Party (Gerindra) on the election results dispute for Regency/City Legislative Council (DPRK) of East Aceh Regency inadmissible. The constitutional justices declared the petition No. 132-02-02-01/PHPU.DPR-DPRD-XXII/2024 not fulfilling the formal requirements because it was vague. The ruling hearing took place on Tuesday, May 21, 2024 in the plenary courtroom.

“[The Court] adjudicated, relating to exceptions: to grant the Respondent’s exception on the obscurity of the petition; relating to the subject matter: to declare the Petitioner’s petition inadmissible,” emphasized by Chief Justice Suhartoyo alongside the other Constitutional Justices.

The Court found that the Petitioner did not clearly and in detail describe which polling stations (TPS) the vote inflation or reduction had occurred, which led to vote difference in the Respondent’s version of DPRK-copy C-result form as argued by the Petitioner. In addition, the Petitioner did not attach any evidence in the DPRK copy of C-results form at each polling station in all villages in Peunaron Subdistrict or other evidence that could explain the locations. The Petitioner only attached its version of the subdistrict DPRK D-results form and the regency/city-DPRK D-results form as evidence, so the exact number of polling stations in each village in Peunaron Subdistrict affected was not clear.

“However, after the Court had carefully examined posita and petitum, it found that the Petitioner has not elaborated further clearly and in detail which polling stations were the locus of the inflation or reduction of votes which caused the final number of votes in the Respondent’s subdistrict DPRK D-results form to be different from what the Petitioner argued in its petition. Moreover, the Petitioner did not attach any evidence in the form of the DPRK copy of C-results forms at each polling stations located in all villages in Peunaron Subdistrict or any other evidence that could explain the locus in question. The Petitioner only attached its version of the D subdistrict DPRK D-results form and the regency/city-DPRK D-results form as evidence, so it cannot be known exactly how many polling stations in each village in Peunaron Subdistrict,” said Justice Enny Nurbaningsih reading out the legal considerations.

Also read:

Gerindra Goes to Court, Alleging Vote Inflation in East Aceh 3

KPU Refutes Vote Inflation Allegation in East Aceh 3

In the Petitioner’s petition, even if the Court granted the request for a recount in Peunaron Subdistrict, it would not be known with certainty which polling stations and villages will be recounted. Thus, according to the Court, the petition was vague.

“Likewise, even if the Court grants the Petitioner’s request to conduct a recount of ballots in Peunaron Subdistrict, it cannot be known with certainty that the recount of ballots will be carried out in Peunaron Subdistrict for which polling stations and villages,” said Justice Enny Nurbaningsih.

Previously, the Petitioner’s legal counsel Muhammad Iqbal argued that there was a difference in votes determined by the Respondent (2,216) with the number of votes believed to be correct by the Petitioner (2,260). Meanwhile, according to the Petitioner, a candidate from the same party, Samin Alam Tanoga, should only have obtained 1,224 votes, but was determined by the Respondent to be 2,311 votes.

Author              : Adam Ilyas
Editor                : Lulu Anjarsari P.
PR                    : Tiara Agustina
Translator         : Jessica Rivena Meilania, 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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