Petitioner's witness Muhammad Reza Zikri testifying in a hearing for the 2024 legislative election results dispute of Aceh Province for case No. 54-01-05-01/PHPU.DPR-DPRD-XXII/2024 on Tuesday (5/28/2024). Photo by MKRI/Bayu.
JAKARTA (MKRI) - The Constitutional Court (MK) held a hearing for the 2024 legislative election results dispute for case No. 54-01-05-01/PHPU.DPR-DPRD-XXII/2024. The petition was filed by the National Democratic Party (NasDem) for the election of legislative candidates for the electoral district of Pidie Jaya Regency, Aceh Province.
The hearing was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih in panel 3 on Monday May 28, 2024. The hearing was to hear testimonies by experts and witnesses, examine and validate additional evidence. The hearing was attended by NasDem as the Petitioner, the General Election Commission (KPU) as the Respondent, Elections Supervisory Body (Bawaslu) and the Aceh Party as the Relevant Parties.
NasDem's Witnesses
The Petitioner presented two witnesses to the court, namely Muhammad Reza Zikri and Yusri Yusuf. Muhammad Reza Zikri was a mandated witness from the NasDem. He explained that the recording process at the subdistrict level was not in accordance with the rules. The committee did not compare C1 Form vote count results at polling stations (TPS) with D1-form. In addition, no C-incident was given.
“The NasDem's vote acquisition on C1-results at that time was 2,065 votes and 13,828 for the Aceh Party. On the D1-form, Aceh Party received 14,944 votes and NasDem received 2,065 votes. The Subdistrict Election Committee (PPK) prohibited the recording process during the recapitulation process. The PPK also asked the sector police to arrest me for trying to do the recording. I requested an incident form during the recapitulation process and the signing process, but it was not given. Then, during the signing process, the results shown were only the vote results from each party. However, based on my recapitulation, NasDem should have received 13,828 votes,” Reza explained.
The chairman of Regional Executive Board (DPD) of the NasDem Pidie Jaya, Yusri Yusuf, testified that DPD NasDem Pidie Jaya had given a mandate to 6 witnesses to monitor the recapitulation process at the Bandar Baru Pidie Jaya subdistrict level. He further revealed there were reports of discrepancies in manners, procedures and mechanisms that occurred during the recapitulation process witnessed by the mandated witnesses. Of the six witnesses placed in Bandar Baru Subdistrict, only one witness was allowed to follow the recapitulation process.
Yusri continued explained that the DPP NasDem also protested according to the rules, which at the end was stated by Bawaslu that there was a violation of the recapitulation process, so Bawaslu ordered Aceh Independent Election Commission (KIP) and PPK to recapitulate in accordance with the rules. However, this process was not carried out by KIP.
“KIP submitted a correction to the Central Bawaslu regarding the order for the recapitulation process in Bandar Baru where the results of the re-correction stated that KIP still had to carry out the recapitulation. KIP is stalling for time and until now the recapitulation process has not been carried out,” said Yusri.
KPU’s Witnesses
In this hearing, the Respondent presented two witnesses, namely Iskandar (Chairman of KIP Pidie Jaya) and Muhammad Abrar (Chairman of PPK Bandar Baru). “We instructed the polling station working committee (KPPS) and the polling committee (PPS) to unseal the ballot boxes at each TPS. Then C-results and C-copy results are compared in front of each witness and entered into the application. The statement of the Petitioner's witness that the Respondent did not open the seal is wrong. The NasDem witness did not sign the document. We also never prohibited the recording process during the recapitulation process. Then, the statement regarding the objection form is incorrect. The Petitioner never asked for an objection form at all. The vote acquisition between C1-results and D1-results is in accordance, namely 2,065 votes for Nasdem and 14,944 votes for the Aceh Party,” said Muhammad Abrar.
Meanwhile, Iskandar conveyed the chronology of the recapitulation process at the regency/city level. On March 2-3, 2024, the recapitulation process at the regency/city level was carried out. During the recapitulation process, the subdistrict D-results were compared with the regency D-results through the KPU’s vote recapitulation information system (Sirekap). This process was witnessed by each PPK and representatives of Bawaslu Aceh. The whole process went smoothly in accordance with the rules.
“The objection arose when I was about to close the recapitulation process and was raised by NasDem regarding the discrepancy between C-results and D-results at the subdistrict level, but the witness could not submit evidence related to his objection,” explained Iskandar.
Bawaslu
The Chairman of Bawaslu Pidie Jaya, Fajri, in his statement before the hearing said it was true that the NasDem reported alleged administrative violations during the recapitulation process. After the hearing, Bawaslu determined that the 1st and 2nd Reported Parties were guilty and ordered a repeat of the recapitulation process. Bawaslu also ordered the Reported Party to carry out the recapitulation process immediately and no later than three days after the decision.
During the hearing, Fajri also testified that it was true that the Bandar Baru KIP made a report for a review to the Central Bawaslu.
“Bawaslu has asked KIP to recount the Aceh Regency Legislative Council (DPRK) votes, but the recapitulation process has not yet been implemented,” he said.
Relevant Party’s Witnesses
Mustafa was a mandated witness from the Aceh Party in Bandar Baru Subdistrict. He explained that the plenary meeting process was running safely.
“During the plenary in Bandar Baru, I felt it was safe, there were no irregularities, no commotion, and I signed the document,” he said.
The Relevant Party's second witness was Bustamam, a mandated witness from the National Awakening Party (PKB), in Bandar Baru Subdistrict. “During the recapitulation process it was carried out safely and I signed the recapitulation document at the subdistrict. At that time PKB obtained 413 votes,” he explained.
Also read:
KPU Responds to NasDem Claim in Pidie Jaya 3
Nasdem Claims on Winning DPRK seat in Pidie Jaya 3
Author : Siti Rosmalina Nurhayati.
Editor : Nur R.
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.
Tuesday, May 28, 2024 | 16:01 WIB 111