Courtroom situation at a ruling hearing for the 2024 legislative election results dispute of West Java Province, Tuesday (5/21/2024). Photo by MKRI/Ifa.

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JAKARTA, HUMAS MKRI – Mahkamah Konstitusi (MK) menyatakan tidak dapat terima Perkara Perselisihan Hasil Pemilihan Umum calon anggota Legislatif Daerah Pemilihan Jawa Barat IV yang diajukan oleh Partai Demokrasi Indonesia Perjuangan (PDIP). Putusan Nomor 52-01-03-12/PHPU.DPR-DPRD-XXII/2024 ini dibacakan pada Selasa (21/5/2024) di Ruang Sidang Pleno MK.

“[The Court] rules to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

In legal considerations delivered by Constitutional Justice Daniel Yusmic P. Foekh, the Court declared that the Petitioner's Petition mentioned its correct vote count in Sukabumi Regency based on C-results was 113,426 votes.

“However, in petitum no. 3 the Petitioner requests to certify the correct vote results of the 2024 DPR RI  (House of Representatives) for the electoral district of West Java IV based on C Form Results with details of the Petitioner’s total votes of 111,426 while the National Mandate Party (PAN) received 106,848 votes. Then, in petition no. 5, the Petitioner made a comparison table with the vote count according to the Petitioner of 113,426 votes. So, there are differences in the vote count between the posita, petitum no. 3, and petitum no. 5 in the Petition,” he said.

 

According to the Court, the formulation of such petition has caused discrepancies or contradictions between one petition and another, namely petition no. 3 with petition no. 5. Thus, the Court cannot understand with certainty the actual number of vote counts requested by the Petitioner as a basis for certification of the Petitioner’s vote acquisition. Moreover, there are no supporting documents submitted by the Petitioner to bolster the arguments of its petition.

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Meanwhile, he continued, with regard to the Relevant Party's exception stating in the main petition, the Petitioner argued that as a result of the Respondent's dishonesty, the Petitioner had suffered a loss because it could not be designated as an Elected Candidate in South Kalimantan Electoral District II, while in his petition, the Petitioner applied for West Java Electoral District IV. According to the Court, the mention of two different provincial electoral districts in the petition clearly shows that the Petitioner was not careful in constructing his petition. Regarding the renvoi made by the Petitioner on the change of South Kalimantan II to West Java IV in the preliminary hearing on April 30, 2024, the Court is of the opinion that the renvoi cannot be justified. The renvoi is substantial in nature, the Court is of the opinion that the renvoi is an unjustified renvoi. Thus the renvoi must be set aside.

“Based on the legal facts and provisions referred to in Paragraph [3.12] above, the Petition does not meet the qualifications as referred to in Article 75 of the Constitutional Court Law and Article 11 paragraph (2) letter b numbers 4 and 5 of Constitutional Court Regulation No. 2 of 2023. This is because there are discrepancies between one posita and another and contradictions between the posita and petitum,” explained the Constitutional Justice Daniel.

Therefore, he continued, there was no doubt for the Court to declare the Respondent's exception regarding the Petitioner's obscure petition grounded in law. Thus, according to the Court, the Petitioner's petition is obscure,” he said. (*)

Author: Utami Argawati
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.

 

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