Nasdem’s Election Dispute Petition for NTB 8 Declared Inadmissible

The ruling hearing of the 2024 legislative election results dispute of Nusa Tenggara Barat Province for case No. 41-01-05-18/PHPU.DPR-DPRD-XXII/2024 was presided over by Chief Justice Suhartoyo on Tuesday (5/21/2024) in the plenary courtroom. Photo by MKRI/Bayu

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. 41-01-08-18/PHPU.DPR-DPRD-XXII/2024 on Tuesday, May 21, 2024. The case was petitioned by the National Democratic Party (NasDem) for the election of DPRD candidates for the electoral district of Nusa Tenggara Barat 8.

In its legal considerations, delivered by Deputy Chief Justice Saldi Isra, the Court asserts that after examining the petition, it was found that there was a vote margin of 1,213 in the posita. However, this margin was not further detailed clearly and explicitly regarding the loss or reduction of votes at the levels of the polling station (TPS), subdistrict, regency/city, province, and/or national recapitulation. Additionally, the Petitioner also did not explain the vote margin at each of the mentioned locations.

Regarding the vote inflation for the National Awakening Party (PKB) in 5 subdistricts consisting of Pujut, Jonggat, Praya Barat, Praya Barat Daya, and Praya Timur with a total of approximately 400 votes, with details of Jonggat Subdistrict with 11 villages across 50 TPS, Praya Barat Daya Subdistrict with 3 villages across 3 TPS, Praya Barat Subdistrict with 4 villages across 6 TPS, Praya Timur Subdistrict with 2 villages across of 3 TPS, and Pujut Subdistrict with 1 village consisting of 1 TPS. According to the Court, the Petitioner did not provide a clear and detailed explanation of the PKB's vote inflation as mentioned.

Based on all these legal considerations, the Court found that the Petitioner's reasons did not meet the formal requirements of a petition as stipulated in Article 75 of the Constitutional Court Law and Article 11 paragraph (2) letter b No. 4 of the Constitutional Court Regulation (PMK) No. 2 of 2023. Therefore, Deputy Chief Justice Saldi Isra explained that the Petitioner's petition was obscure. Thus, the exceptions by the Respondent and Relevant Party on the obscurity of the petition are reasonable according to law.

“[The Court] adjudicated, to grant the exceptions by the Respondent and Relevant Party on the obscurity of the a quo petition; relating to the subject matter: to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo.

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NasDem Party Claims to Secure All Seven Seats in NTB VIII

At the Preliminary Hearing on Thursday, May 2, 2024, the Petitioner mentioned that during the recapitulation at the Central Lombok Regency level, the review was not conducted in the presence of all party witnesses who were present. The review process was carried out unilaterally by the Jonggat Subdistrict Election Committee (PPK), resulting in the Petitioner losing 375 votes. This also caused the Petitioner to drop to 8th place after the last seat obtained by PKB, as the Petitioner's votes decreased to 19,429 from the original 20,642 votes. The main issue arose due to the PKB's vote inflation in five subdistricts: Pujut, Jonggat, Praya Barat, Praya Barat Daya, and Praya Timur. Based on all these arguments, the Petitioner requested the Court to determine the correct vote count according to the Petitioner for the election of DPRD candidates in Nusa Tenggara Barat 8, with NasDem obtaining 20,642 votes and securing the 7th seat.

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Nasdem’s Election Dispute Petition for NTB 8 Declared Inadmissible