The Petitioner’s legal counsel Herfino Indra Suryawan was present at the Court’s verdict at a ruling hearing for the 2024 legislative election results dispute of North Sulawesi Province on Wednesday (5/22/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) dismissed the petition for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute for case No. 31-01-02-25/PHPU.DPR-DPRD-XXII/2024  on Wednesday, May 22, 2024. The case was petitioned DPRD for the electoral district of South Minahasa Regency from the Great Movement Party (Gerindra). 

The Petitioner’s petitum and posita were inconsistent, there was no clear and adequate explanation in the posita, and the petition did not explain the Respondent’s (KPU) calculation error and the correct vote acquisition results. The Petitioner only explained the differences or discrepancies in the attendance list  and the Respondent which occurred in several villages in several sub-districts, which resulted in the vote results changing and differing between C-Form Results and D-Form Results of the District, resulting in the number of votes obtained by the Petitioner being lost.

Furthermore, in the petitum section number 2, it is stated: “to Cancel the General Elections Commission (KPU) Decree No. 360 of 2024 on the certification of the 2024 legislative election results of the DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD (Regional Legislative Council) announced nationwide on March 20, 2024 at 22:19 WIB to fill in candidates for South Minahasa 3 DPRD. 

Concerning the petitum, at the Preliminary Examination Hearing on May 3, 2024, the Petitioner submitted a renvoi to the petitum No. 2. According to the Court, such renvoi is substantial because it changes the petitum. Renvoi should be carried out on the occasion of making revisions to the application within a predetermined time limit, namely subject to the provisions of Article 16 paragraph (1) PMK 2/2023 which states "For Applications submitted offline, the Petitioner may amend and complete the Application no later than 3 x 24 hours (three times twenty four hours) from the receipt of e-AP3 by the Applicant or legal representative". This is the basis for not allowing substantial renvoi to be carried out during the Preliminary Examination hearing. Substantial requests will ultimately hinder the speedy trial which is a characteristic of the PHPU settlement procedure. Therefore, for fair legal certainty, such substantial renvoi must be declared and cannot be justified. Thus, the petitum that will be used in the a quo petition is dated March 25, 2024. By not justifying the renvoi in question, the Petitioner's petition becomes unclear or vague.

The Court adjudicated, relating to the Respondent’s exception: to reject the exceptions by the Respondent and Relevant Parties for the rest and remainder;  the Petitioner's petition is unclear or vague, the Respondent's objection and the Relevant Party's exception with respect to the Petitioner's petition are not clear or unclear is reasonable according to law. relating to the subject matter: to declare the Petitioner’s petition inadmissible.

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

 

Author  : Siti Rosmalina Nurhayati
Editor   : Nur R.
Translator     : Sedanti Anjali Putri 

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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