The Petitioner’s legal counsel Yandri Sudarso while attending the ruling hearing for the 2024 legislative election results dispute on Tuesday (5/21/2024). Photo by MKRI/Teguh.

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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. 107-01-14-28/PHPU.DPR-DPRD-XXII/2024 on Wednesday, May 22, 2024. The case was petitioned by the Democratic Party for the electoral district of West Sulawesi. The Court asserts that the Petitum filed by the PPP (the United Development Party) was illogical and not granted which could leads to the cancellation of election results as contained in KPU Decree No. 360 of 2024 concerning the certification of legislative election results.

“[The Court] rules to declare the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo in the plenary courtroom.

In its legal considerations, delivered by Constitutional Justice Daniel Yusmic P Foekch, the Court asserts that The Petitioner blamed the alleged addition of votes by the Respondent (KPU) for the Prosperous Justice Party (PKS). The alleged addition of votes by La Ode Agus and Asriani was not explained clearly by the Petitioner. The alleged use of the right to vote more than once does not explain the location of the incident.

the Petitioner’s petitum and posita were inconsistent, there was no clear and adequate explanation in the posita, The Petitioner blamed the four polling stations used by La Ode Agus and Asriani in exercising their right to vote more than once at different polling stations. Meanwhile, in the petitum, the Petitioner only blamed three TPS.

Then, in the Petitum there was a contradiction because the Petitioner asked for a revote and it was determined that the correct vote tally was obtained. According to the Court, what is correct is that the petitum should have been formulated alternatively because the determination of the vote acquisition can only be done after the revote or the Petitioner directly requests that the vote obtained be determined without the revote.

"This means that the Petitioner's Petitum is ambiguous and contradictio in terminis so that the Court is not possible to fulfill the Petitioner's request," explained Justice Daniel.(*)

Author  : Mimi Kartika
Editor   : Lulu Anjarsari P.
PR : Andhini S. F.
Translator     : Sedanti Anjali Putri 

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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