A ruling hearing for case No. 120-01-01-32/PHPU.DPR-DPRD-XXII/2024 on the 2024 legislative election results dispute for North Maluku Province, Tuesday (5/21/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) handed down Decision No. 120-01-01-32/PHPU.DPR-DPRD-XXII/2024 for a petition by the National Awakening Party (PKB) on the North Halmahera Regency DPRD (Regional Legislative Council) election results dispute (PHPU) in North Maluku. The Court declared the Petitioner’s petition inadmissible because, according to the Court, the Petitioner did not submit any evidence.

“Relating to the petition’s subject matter, [the Court] rules the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo at the ruling hearing in the plenary courtroom on Tuesday, May 21, 2024.

In its legal considerations, delivered by Justice Arsul Sani, the Court stated that the Petitioner only submitted a list of evidence without the actual physical evidence until the deadline for submitting petition revisions had passed. The Petitioner only submitted evidence at the preliminary hearing on April 30, 2024.

According to the Court, the failure to submit actual evidence supporting the petition means it did not to fulfill the formal requirements mandated by Article 31 paragraph (2) of the Constitutional Court Law and Article 9 paragraph (2) of Constitutional Court Regulation No. 2 of 2023.

“Although the Court has the authority to hear the Petitioner’s petition, the petition was filed within the deadline for filing petition, and the Petitioner has the legal standing to file the petition, but because the submission of the petition until the deadline for revision was not equipped with physical evidence, the petition does not meet the formal requirements. Therefore, the petition’s subject matter is not considered,” said Justice Arsul.

Also read:

PKB Claims Vote Lost in North Halmahera DPRD

KPU Denies Reducing 1 Vote from the PKB in North Halmahera 3

In Petitioner’s petition, it argued that the difference in vote counting between the Petitioner and the Respondent (KPU/General Elections Commission) was detrimental to PKB as it lost seats in the North Halmahera Regency DPRD. According to the Petitioner, the difference in votes was caused by a reduction in Kao Teluk Subdistrict by one vote.

The vote reduction was because the Respondent had allegedly removed the vote for candidate number 3 Clara Pureng in the regency D-result form. Meanwhile, according to the Respondent, based on the regency D-result form for the North Halmahera Regency DPRD in electoral district III, PKB had 2,091 votes. Meanwhile, the Petitioner believed it had 2,092 votes based on the plano D-result form, the C-result copy, and the subdistrict D-result form. Based on the recapitulation results in North Halmahera Regency, there was a reduction of one vote for the Petitioner.

Author              : Mimi Kartika
Editor                : Nur R.
Translator         : Jessica Rivena Meilania/Yuniar 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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