The Petitioner’s legal counsel while attending the Ruling Hearing in the Plenary Courtroom on Wednesday (22/5/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) – The Constitutional Court (MK) declared that the petition filed by the Golkar Party in Case No. 222-01-04-37/PHPU.DPR-DPRD-XXII/2024 on the 2024 Election Dispute (PHPU) in Papua Pegunungan Province inadmissible. The Court found the petition obscure (obscuur).

“In the subject matter, [The Court] rules to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo in the plenary courtroom on Wednesday, May 22, 2024.

Delivering the Court’s legal considerations, Constitutional Justice M. Guntur Hamzah explained that the petitioner alleged irregularities related to vote acquisition for the DPR (House of Representatives) electoral district (Dapil) Papua Pegunungan, Provincial DPRD (Regional Legislative Councils) Papua Pegunungan Dapil 1, Papua Pegunungan Dapil 2, Papua Pegunungan Dapil 4, DPRD Jayawijaya Dapil 2, Jayawijaya Dapil 3, DPRD Lanny Jaya Dapil 2, Lanny Jaya Dapil 3, DPRD Tolikara Dapil 2, Tolikara Dapil 3, Tolikara Dapil 4, and DPRD Yahukimo Dapil 2. The Court noted inconsistencies in the petitioner's arguments (posita) on the membership of the DPR Dapil Papua Pegunungan.

Additionally, the petitioner requested the Court to order a re-vote (PSU) for the membership of the DPR from eight regencies in Papua Pegunungan, instead of a re-count (PSSU) as recommended by Bawaslu (Elections Supervisory Body), which was not carried out by the respondent. In Petitum no. 4, the petitioner also requested the Court to stipulate the vote acquisition for political parties and candidates regarding the membership of the DPR from Papua Pegunungan.

Based on these facts and legal provisions, the petition did not meet the requirements outlined in Article 75 of the Constitutional Court Law and Article 11(2)(b)(4) and (5) of PMK 2/2023. This was due to ambiguities and inconsistencies in the explanations, both among different arguments and between the arguments and petitum.

"Furthermore, the Petitioner could not distinguish between the re-count recommended by Bawaslu and the re-vote requested in their petitum. Therefore, the Court had no doubt in stating that the Respondent's exception and the exceptions of the Relevant Parties II (the National Democratic Party (NasDem)), III (the National Mandate Party (PAN)), and IV (the Nusantara Awakening Party (PKN)) regarding the obscurity of the Petitioner's petition were legally justified. Thus, the Court concluded that the Petitioner's petition was obscure (obscuur)," stated Justice Guntur.

Also read:

KPU Denies Reducing Golkar Votes in Mountainous Papua Province

For reference, the petitioner in their petitum requested the Court to annul KPU (General Election Commission) Decree No. 360 of 2024 on the Election Results Stipulation for Members of DPR (House of Representatives), DPD (Regional Representative Council), Provincial DPRD (Regional Legislative Council), and Regency/City DPRD, announced nationally on Wednesday, March 20, 2024, specifically for the Dapil (Electoral District) Papua Pegunungan for the members of the DPR of the Republic of Indonesia and DPR Papua (Papua Regional Legislative Council) of South Papua Province. The petitioner also requested the Court to order a re-vote (PSU) for the DPR membership from Papua Pegunungan in all polling stations (TPS) across eight regencies in the Papua Pegunungan region. Additionally, the petitioner requested the Court to determine the correct vote tally for the political parties and candidates for the DPR membership from Papua Pegunungan as follows: Golkar acquired 141,203 votes.(*).

Author: Mimi Kartika

Editor: Lulu Anjarsari P.

Translator : Naomi Andrea Zebua/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.

 

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