The Ruling hearing for the 2024 legislative election results dispute of Province/Regency was held by 9 constitutional justices on Tuesday, May 21, 2024 in the Plenary Courtroom of the Constitutional Court. Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) dismissed Case No 241-01-02-04/PHPU.DPR-DPRD-XXII/2024 concerning the 2024 DPR/DPRD (House of Representatives/Regional Legislative Council) election results dispute of Indragiri Hulu Electoral District (Dapil) 5 is inadmissible. The reason provided by the Court is that the petition filed by the Great Indonesia Movement Party (Gerindra) references residual votes from seat allocations, a concept no longer recognized in the Election Law.

Constitutional Justice M. Guntur Hamzah explained that the petitioner issued the residual votes for the Party of Functional Groups (Golkar), a related party, which pertained to the votes remaining from winning one seat. "However, in detailing their petition, the petitioner failed to include the total number of votes established by the respondent, or the General Elections Commission (KPU), for the related party," stated Guntur during the ruling hearing the Plenary Courtroom,, Building 1 of the Constitutional Court, Jakarta, on Tuesday, May 21, 2024.

Guntur continued, stating that in the posita, the petitioner detailed a shortage of 77 ballots and an additional 2 percent of reserve ballots from the total number of the Final Voters List (DPT). With a DPT of 295 plus 2 percent equating to 301 ballots, only 218 ballots were available, resulting in a total shortfall of 83 ballots at polling station (TPS) 04 in Sungai Lala Plantation Village.

Meanwhile, in the petitum of their application, the petitioner requested a provision for a re-vote at polling TPS 04 in Sungai Lala Plantation Village. In the main body of their petition, the petitioner asked the Court to establish the correct vote count according to the petitioner, including a table detailing the related party's residual votes totaling 2,954, plus the votes obtained from the re-vote, and to determine the petitioner's votes added to the votes from the re-vote. According to the Court, the petitioner should have included the correct total number of votes according to the petitioner, which is the total votes from Indragiri Hulu 5 minus the petitioner's votes at polling stationTPS 04 in Sungai Lala Plantation Village where the re-vote is requested, plus the results of the re-vote for the petitioner.

"With such legal considerations, the petitum is considered contradictory by the Court," explained Guntur. Moreover, in the Election Results Dispute (PHPU) at issue, the dispute concerns errors in vote counting based on the total valid votes, which are an accumulation of candidate votes and total party votes. Furthermore, the current Election Law no longer recognizes the concept of residual votes," Guntur clarified.

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Based on the legal facts and provisions, 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 points 4 and 5 of PMK 2/2023. This is due to the failure to clearly outline the errors in the vote count established and announced by the respondent and the correct vote count according to the petitioner, as well as the contradiction between the posita and petitum. Therefore, the Court has no doubt in declaring the respondent's and related party's exceptions, as the unclear explanation of the errors in the vote count announced by the respondent and the correct vote count according to the petitioner are legally justified. Thus, the Court considers the petitioner's application to be obscure (obscuur) (*)

Author :  Mimi Kartika

Editor : Lulu Anjarsari P.

Translator : Gabrielle K.W

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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