The Petitioner’s legal counsel Erry Ayudhiansyah (center) at a ruling hearing for the 2024 legislative election results dispute of West Papua Province, Tuesday (5/21/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Since the petition by the National Awakening Party (PKB) in case No. 88-01-01-34/PHPU.DPR-DPRD-XXII/2024 did not meet the formal requirements stipulated in Article 31 paragraph (2) of the Constitutional Court Law and Article 9 paragraph (2) of Constitutional Court Regulation No. 2 of 2023, as it did not include physical evidence, it was declared inadmissible. The legal considerations for the decree were read by Constitutional Justice Arsul Sani at a ruling hearing on Tuesday, May 21, 2024.

Justice Arsul clearly stated the characteristics of the general election results dispute (PHPU) cases are adversarial, in other words, the panel of justices is passive and does not dominate or take over in finding the truth of the facts. Thus, the burden of proof is on each party who submits the arguments. In this case, he continued, the Petitioner only submitted a list of evidence without physical evidence until the deadline for petition revision. The Petitioner only submitted it after the preliminary hearing on May 3, 2024. According to the Court, a petition without physical evidence does not meet the formal requirements so it must be declared inadmissible.

“[The Court] adjudicated, declares the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo reading out the verdict of Decree No. 88-01-01-34/PHPU.DPR-DPRD-XXII/2024 from the plenary courtroom.

Also read:

West Papua Electoral District 4: Lost Seats and Purge Votes from PKB

KPU Disputes Claim of Reduced PKB Vote Acquisition in Central Fakfak District, West Papua

At the preliminary hearing on Friday, May 3, the Petitioner stated that there was a reduction in PKB’s votes in Central Fakfak and Fakfak Districts, which could be seen in the C-results and D-results documents. According to the Respondent, PKB’s votes based on the copy of C-results were 1,027 votes and 933 votes based on the subdistrict D-result forms, so there was a difference of 94 votes. Therefore, the Petitioner requested the Court to stipulate the correct vote acquisition results according to the Petitioner for the West Papua Provincial DPRD (Regional Legislative Council) election in the electoral district of West Papua 4 where PKB acquired 7,607 votes.

Author              : Sri Pujianti
Editor               : Nur R.
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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