The Ruling Hearing for Case No. 171-01-14-32/PHPU.DPR-DPRD-XXII/2024 on the 2024 Election Dispute (PHPU) for members of the DPR (House of Representatives), Provincial, and Regency/City DPRD (Regional Legislative Council) of North Maluku Province in the Plenary Courtroom on Tuesday (5/21/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) —— The Constitutional Court (MK) deemed the petition filed by the Democratic Party on the Election Dispute (PHPU) of North Maluku DPRD (Regional Legislative Council) electoral district (dapil) 4 inadmissible. The Court ruled that the petitioner incorrectly specified areas outside the requested electoral district, leading to ambiguity that rendered the petition obscure.
"In the essence of the petition, the Petitioner’s petition is deemed inadmissible,” said Chief Justice Suhartoyo in the ruling hearing of Case No. 171-01-14-32/PHPU.DPR-DPRD-XXII/2024, held in the Plenary Courtroom, Jakarta, on Tuesday, May 21, 2024.
In the legal considerations presented by Justice Ridwan Mansyur, the Court emphasized that the Petitioner clearly referenced KPU (General Election Commission) Decree No. 495 of 2024 on the DPRD Election Recapitulation Results in Muna Regency, located in Southeast Sulawesi Province, not North Maluku Province. However, despite this, the Petitioner's main argument in the petition challenges the election results in North Maluku Province, particularly concerning the North Maluku Province DPRD in Dapil North Maluku 4.
Furthermore, the Petitioner should have referenced the decision of the election organizer, which establishes the legal grounds for the Petitioner as a participating political party with an assigned ballot number in the 2024 Election. According to the Court, there is ambiguity in the Petitioner's petition, particularly in defining the legal basis of the Petitioner's position, leading to uncertainty regarding the contested electoral district or locus in a quo case. This ambiguity arises, especially in the mention of irrelevant locus, such as Southeast Sulawesi, stated in the introductory paragraph before the Constitutional Court's jurisdiction and Muna Regency mentioned in the description of the Petitioner's legal position.
"Given these legal facts, there is no doubt for the Court to declare that the Petitioner's petition is obscure or ambiguous," said Justice Ridwan.
Also read:
KPU Refuses Open the Legislative Election Result in N. Maluku 4
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Author: Mimi Kartika.
Editor: Nur R.
Translator: Naomi Andrea Zebua/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.
Wednesday, May 22, 2024 | 07:41 WIB 63