Democrat’s Posita and Petitium for Kotamobagu 1 Vague

Democrat’s Posita and Petitium for Kotamobagu 1 Vague The Petitioner’s legal counsel Teuku Irmansyah at a ruling hearing for the 2024 legislative election results dispute of North Sulawesi Province, Wednesday (5/22/2024). Photo by MKRI/Ifa.

Jakarta, HUMAS MKRI – The Constitutional Court (MK) delivered a ruling No. 15-01-14-25/PHPU.DPR-DPRD-XXII/2024 for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute. The case was petitioned by Democratic Party for the electoral district of Kotamobagu City 1. The ruling hearing was held by nine constitutional justices on Wednesday, May 22, 2024 in the plenary courtroom.

The Court's legal considerations highlighted the argument of the vote acquisition dispute. The argument of the Petitioner's petition does not contain errors in the vote count results carried out by the General Elections Commission (KPU) as Respondent, the number of the Petitioner’s votes in the polling stations (TPS) argued, to whom the votes were transferred resulting a vote inflation by the Respondent, and what kind of tiered objection mechanism has been carried out by the Petitioner in accordance with the laws and regulations.

In its petition, the Petitioner mentioned the vote margin between it and the National Democratic Party (NasDem) based on the KPU’s vote recapitulation information system (Sirekap) and then mentioned briefly the fraud that occurred at TPS 4 and 6 of Pontodon Village, TPS 2 of Gengulang Village, and TPS 1 of Bilalang 1 Village without being supported by a comprehensive evidence location, the number of the Petitioner’s votes had, and the number of votes determined by the Respondent at the four TPS in North Kotamobagu Subdistrict.

Moreover, in its petition, the Petitioner requests the Court to annul the votes recapitulated by the Respondent in a) the Kotamobagu 1 for the Kotamobagu City DPRD election, and b) TPS 4 and 6 of Pontodon Village, TPS 2 of Gengulang Village, and TPS 1 of Bilalang 1 Village. This means there was an obscurity whether the problem argued by the Petitioner occurred in the entire Kotamobagu 1.

By examining the petitum, it shows that TPS 4 and 6 of Pontodon Village, TPS 2 of Gengulang Village, and TPS 1 of Bilalang 1 Village are not part of Kotamobagu 1, so there is a discrepancy with the Petitioner's posita. Without a clear description of the correlation between the posita and petitum, there is a lack of clarity between the description of the arguments in the posita and those requested in the petitum. Thus, the Respondent's exception on the obscurity of the a quo petition is reasonable according to law.

Thus, the Court declared inadmissible the a quo petition filed by the Democratic Party for Kotamobagu 1. “[The Court] rules to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo pronounced the excerpt of the verdict.

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Democrat’s Posita and Petitium for Kotamobagu 1 Vague