Aswanto as the Petitioner's Expert when giving testimony in the PHPU case for Members of the DPR RI, Provincial DPRD, Regency/ City DPRD of West Java Province on Monday (27/5/2024). Photo by MKRI/Ifa.
JAKARTA, MKRI - The Constitutional Court (MK) held a follow-up hearing No. 92-01-12-12/PHPU.DPR-DPRD-XXII/2024 for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute. The case was petitioned by the National Mandate Party (PAN) for the electoral district of west java province. The ruling hearing was held by Constitutional Justice Daniel Yusmic P. Foekh and Guntur M. Hamzah on Monday, May 27, 2024 in the plenary courtroom.
During the hearing, Aswanto, an expert presented by PAN, explained that election crimes are actions that violate laws and regulations related to elections. In the Election Law, there are around 70 types of criminal offenses regulated in 66 articles. He stated that adding, inflating, or reducing the votes of a particular party or candidate is an election crime.
“The action a quo is an act or action that occurs repeatedly which is certainly not tolerated,” explained Aswanto.
In his statement, Aswanto added that in order to realize honest and fair elections, actions that are not in accordance with the Election Law must not be allowed to be dealt with firmly so that they will not be repeated in future elections. “Allowing election crimes by not punishing the perpetrators is also a crime,” he said.
Aswanto also explained that vote recapitulation in the legislation is carried out at the sub-district level with certain conditions when the vote count is carried out. The results of the calculation as outlined in Form C Results must be given to witnesses without being requested. Not providing the results or Form C Results to witnesses is a criminal offense.
On the same occasion, Agus Sudarto as PAN's mandated witness explained that there were objections submitted to the vote results in all sub-districts throughout Bekasi City. “The reason is, based on the findings of witnesses in the field, there is a difference between the C1 copy results and the recapitulation of the final results at the sub-district level in Bekasi City,” Agus explained.
The same thing was said by another Applicant Witness, Ibnu Muhayar. He explained that based on information from witnesses in the sub-district and the coordinator of West Java Region VI, there were differences as explained by the previous witness.
I made an objection letter addressed to the Bekasi City Bawaslu. There was no response from Bawaslu. At the time of recap, it was conveyed by witnesses in the Province,” said Ibnu.
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No objections
Meanwhile, the Respondent's witness, Eli Ratnasari, who is a member of the Bekasi City KPU, said that there was no objection from PAN at the city level. “At the city level, PAN did not sign the recap D result at the city level, Your Honor,” he said.
Witness from PKS, M. Isnaeni, stated that there was no objection to the data submitted by the KPU. “For PAN, there are no documents submitted by Bekasi City, but in the forum the PAN witness conveyed objections at the provincial level. At the national level, PAN's objections were also presented by the KPU,” he said.
Previously, the Petitioner in the preliminary hearing argued that there was a reduction in votes for the Petitioner, as well as an increase in the votes of other parties, namely the Golongan Karya Party and the Prosperous Justice Party at several polling stations spread across several villages in six sub-districts in Bekasi City.
Author : Utami Argawati
Editor : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator : Siti Nurhaliza
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.
Monday, May 27, 2024 | 13:36 WIB 86