Constitutional Daniel Yusmic P. Foekh delivered the verdict at a ruling hearing in the Plenary Courtroom. Photo MKRI / Teguh

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JAKARTA (MKRI) — The Constitutional Court (MK) verdict on Case No. 138-01-05-03/PHPU.DPR-DPRD-XXII/2024 on Election Results Dispute (PHPU) of DPRD Dharmasraya Regency 1 was declared inadmissible. Since, according to the Court, the Party of Functional Groups (Golkar) as the Petitioner cannot explain the error in the calculation of the vote as argued.

Daniel explained that the Petitioner challenged the vote count in Dharmasraya 1 to fill the Dharmasraya Regency DPRD. In the main petition, the Petitioner presents a table comparing the vote count according to the Respondent and according to the Petitioner. However, in the main description of the petition, there is no explanation of the calculation error committed by the Respondent and the correct calculation according to the Petitioner.

"The vote acquisition comparison table contained in the Petitioner's Petition does not show any difference in the results of the vote acquisition according to the Respondent and according to the Petitioner because the table shows the same number of votes between the vote acquisition according to the Petitioner and the vote acquisition according to the Respondent," said Constitutional Justice Daniel Yusmic P Foekh in the ruling hearing to declare the 2024 PHPU in the Plenary Court Room, on Tuesday (21/5/2024).

In the table of votes in question, the Petitioner also included a difference of 24 votes, but without being accompanied by an explanation of the reasons or sources of the margin of votes in question. In addition, the Petitioner's description in the petition postulates that four voters reside outside Dharmasraya Regency who exercise their voting rights at TPS 21 Nagari Sungai Kambut, Pulau Punjung District, Dharmasraya Regency.

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Based on scrutiny, it is evident that the Petitioner essentially disputes the margin in the Petitioner's vote of the Dharmasraya Regency DPRD Dharmasraya 1 due to the existence of voters who are not entitled to vote at polling station 21 Nagari Sungai Kambut, Pulau Punjung Sub-district. However, the petition has requested the Court to annul KPU Decree 360/2024 without mentioning the word "as long as" intended is the Dapil that is argued, namely in this case Dharmasraya 1.

With such a petitum, according to the Court, apart from being inconsistent with the petition's postulates, the petition that does not include the word "throughout" the electoral district in question is also illogical because if granted -quod non- results in the annulment of the entire determination of the general election results as contained in KPU Decree 360/2024. In addition, the Petitioner's petition also does not clearly describe the error in the vote count results determined and announced by the Respondent and the correct count results according to the Petitioner.

"Therefore, the Court has no doubt to declare that the Respondent's exception is reasonable according to law. Thus, according to the Court, the Petitioner's petition is obscure," Daniel said.(*)

Author  : Mimi Kartika
Editor   : Lulu Anjarsari P.
Translator     : Frity Michael Br Sembiring 

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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