The Petitioner’s legal counsel Akhmad Leksono at a ruling hearing for the 2024 legislative election results dispute, Wednesday (5/22/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) – The Constitutional Court (MK) read out the excerpt of the Decree for case No. 130-01-17-37/PHPU.DPR-DPRD-XXII/2024 on the 2024 DPR RI (House of Representatives of the Republic of Indonesia) election results dispute for the electoral district of Papua Pegunungan Province petitioned by the United Development Party (PPP). The Court declared that Petitioner’s petition for Papua Pegunungan Province inadmissible and must not proceed to evidentiary hearing.

“[The Court] rules to declare the Petitioner’s petition on the DPR RI election for Papua Pegunungan Province inadmissible,” said Chief Justice Suhartoyo at the ruling hearing in the plenary courtroom on Wednesday, May 22, 2024.

In its legal considerations, delivered by Constitutional Justice M Guntur Hamzah, the Court asserts that the Petitioner's petition on the vote acquisition of the DPR RI election for Papua Pegunungan Province only mentioned the vote acquisition of the Petitioner, the Indonesian Guard of Change Party (Garuda), the National Awakening Party (PKB), and the Nusantara Awakening Party (PKN) without describing specifically, clearly and completely regarding the time, place and manner of the transfer of the Petitioner's votes as argued. Moreover, the Petitioner also did not clearly state the number of votes obtained according to the Petitioner for Papua Pegunungan Province either in posita or petitum of the petition

Based on the legal facts a quo, the Court is of the opinion that the Petition did not meet the formal requirements. Thus, the case a quo regarding the vote acquisition of DPR RI candidates for Papua Pegunungan Province did not meet the formal requirements of the election results dispute for Members of the DPR and DPRD (Regional Legislative Council), so it must be declared obscure.

“With the issuance of the excerpt of the decree a quo, the case a quo regarding the vote acquisition of DPR RI candidates for Papua Pegunungan Province does not proceed to the evidentiary hearing. Thus, the Petitioner's Petition, the Respondent's response and exception, Bawaslu's (Elections Supervisory Body) statement and the evidence submitted by the parties regarding the vote acquisition of DPR RI candidates for the Papua Pegunungan Province are not considered any further since they would be irrelevant,” Constitutional Justice Guntur explained.

Yahukimo 5 Proceeds to Evidentiary Hearing

In relation to the Petitioner's petition regarding the vote acquisition of Yahukimo Regency DPRD candidates for electoral district of Yahukimo 5, which is also contained in the a quo petition, it will be continued in the examination hearing with an evidentiary agenda.

For information, Constitutional Justice Arsul Sani exercised his right of recusal in deciding the PPP’s petition. He did not participate in giving his legal opinion or conducting an in-depth examination of the parties.(*)

 

Author  : Mimi Kartika
Editor   : Lulu Anjarsari P.
Translator     : Intana Selvira Fauzi/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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