The nine Constitutional Justices held a ruling hearing for the 2024 legislative election results dispute of Papua Province, Tuesday (5/21/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The Constitutional Court (MK) ruled that Case No. 167-01-09-33/PHPU.DPR-DPRD-XXII/2024 related to the General Election Results Dispute (PHPU) in Papua Province petitioned by the Nusantara Awakening Party (PKN) is inadmissible. According to the Court, the case did not explain in more detail about the arguments regarding the reduction or additional votes of other parties, so it became vague.

“[The Court] relating to the subject matter, to rule that the Petitioner’s petition is inadmissible,” said Chief Justice Suhartoyo in the plenary courtroom, on Tuesday, May 21, 2024.

Constitutional Justice Saldi Isra explained, for the filling of candidates for the Papua DPRP (Papuan People’s Representatives’ Council) in Electoral District of Papua 6, the Petitioner essentially argued that there had been a reduction in the Petitioner's votes by 2,688 votes and an increase in the United Indonesia Party’s (Perindo) votes by 1,643 votes which occurred during the recapitulation at the South Yapen District level. Therefore, the Court did not find any further elaboration in the posita.

Even though the Petitioner argued that the dispute occurred during the vote recapitulation at the South Yapen District level, it did not clearly describe the locus of the dispute by referring to which polling stations (TPS) experienced vote changes. In the arguments of the petition, there was a difference in votes between the reduction experienced by the Petitioner, which was 2,698 votes and the additional votes of other parties in casu Perindo, which was 1,643 votes, resulting in a margin of 1,055 votes that was not explained and known where it comes from, whereas the Petitioner did not question the valid votes at the recapitulation at the district level.

The same applies to the filling of candidates for the DPRK (Aceh Regency/City Legislative Council) members of Kepulauan Yapen Regency in electoral district 1. The Court did not find any further description in the posita. In addition, in the Petitioner's petitum which requested the Court to stipulate the correct vote results for the filling of membership of the DPR (House of Representatives) and Provincial and Regency/City DPRD (Regional Legislative Council) in several electoral districts, the Court did not find the petitum purpose, because in the a quo petition the Petitioner did not question the filling of membership of the DPR at all. However, suddenly in the petitum, the petitioner also requested the filling of the DPR membership.

“[The Court] based on the legal considerations above, the petition did not fulfill the formal requirements of the petition standard format as stipulated in Article 75 of the Constitutional Court Law and Article 11 paragraph (2) of PMK No. 2 of 2023, causing the a quo petition to be unclear and vague,” Justice Saldi said.

Also read:

PKN Votes Decrease During Recapitulation at South Yapen Subdistrict, Papua

In the petition, the Petitioner argued that there was a reduction in PKN's votes during the recapitulation in South Yapen District by 1,643 votes. The Petitioner claimed to have obtained 3,474 votes, but the KPU (General Elections Commission) stipulated that PKN received 776 votes. Meanwhile, there was an increase in Perindo Party votes by 1,643 votes. The Petitioner said Perindo should have received 1,254 votes, not as stipulated by the KPU of 2,897 votes.

Also read:

KPU Dismisses PKN's PHPU Petition in Papua as Obscure

Author          : Mimi Kartika.

Editor           : Nur R.

Translator     : Putri Ratnasari/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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