Dismissal of Democrat Candidate's Petition for Tolikara 4
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JAKARTA, MKRI – The Constitutional Court (MK) dismissed the petition for the 2024 Regional Legislative Council (DPRD) election results dispute for case No. 71-02-14-37/PHPU.DPR-DPRD-XXII/2024 This case was petitioned by  Elpius Obama Tabo, a DPRD candidate for the electoral district from The Democratic Party.

“[The Court] rules to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo in the plenary courtroom.

Suhartoyo also stated that adjudicated, relating to the petition’s subject matter, to rule that the Petitioner’s petition is inadmissible, as referred to in Article 74 paragraph (3) of the Constitutional Court Law, Article 474 paragraph (2) of the Election Law, and Article 7 paragraph (1) of Constitutional Court Regulation (PMK) No. 2 of 2023. Therefore, the Respondent's exception and the Relevant Parties' exception regarding the Petitioner's has passed the specified time limit are well-founded according to law. Thus, the Court is of the opinion that it has been filed past the time period specified by the laws and regulations.

Although the Court has the authority to hear the a quo petition, but because the Petition was filed past the deadline set by the legislation, the Respondent's Answer and exceptions, Statements and exceptions of the Relevant Party, and Bawaslu (Elections Supervisory Body) since they would be irrelevant. As such, those responses and the evidence were not considered any further.

Read Also: Vote Shifted to PDI-P, Democratic Party Asks Court to Cancel Election Results

Previously, the Petitioner stated that he should have obtained 5,854 votes. However, by the KPU (Respondent), the Petitioner's votes were nullified or amounted to zero. The difference in votes was due to 4,336 votes being transferred to DPRD candidate Y. Esman Kogoya from the Indonesian Democratic Party of Struggle (PDI-P). Then, the Petitioner's 1,518 votes were transferred to PDIP candidate No. 7 Rison Tabuni in the Woniki district election committee (PPD).

For this incident, the Petitioner filed an objection to the Tolikara KPU on March 7, 2024 in Karubaga. The Tolikara Regency Bawaslu held a clarification of the findings of alleged election violations at a hotel in Jayapura city on Wednesday, March 27, 2024. However, none of the Tolikara KPU commissioners were present at the clarification meeting, so the Petitioner’s vote in the Tolikara KPU plenary became zero.

Author  : Utami Argawati
Editor   : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator     : Siti Nurhaliza/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 | 11:46 WIB 87