Experts I Gusti Putu Artha and Dr. Abdul Kahar Maranjaya were sworn in at the Legislative PHPU hearing of Southwest Papua Province on Thursday (30/5/2024). Photo by MKRI/Bayu
JAKARTA, MKRI – The Constitutional Court (MK) held a follow-up examination hearing No. 05-01-12-38/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). Disputing the vote count for members of the Southwest Papua Provincial DPRD/DPRA in Southwest Papua District 3.
The hearing was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3. On Thursday, May 30, 2024 at 08.00 WIB. The agenda of the hearing was to hear witness/expert statements, examine and certify additional evidence. The hearing was attended by the Petitioner, the National Mandate Party (PAN). The Respondent from the General Election Commission (KPU), the Relevant Party from the People's Conscience the People’s Conscience Party (Hanura).
The Petitioner submitted an expert, I Gusti Putu Artha, explaining about KPPS members who were proven to be legislative candidates in the 2024 Election and its consequences. In accordance with Law No. 7 of 2017, Article 2 of the Election Law emphasizes that elections are carried out based on the principles of direct, general, free, confidential, honest, and fair. Then, Article 3 regulates the principles of organizing elections which must be independent, honest, fair, legally certain, orderly, open, proportional, professional, accountable, effective, and efficient.
Based on this explanation, the answer to the question related to legislative candidates who concurrently become KPPS members is that they have violated the principle of honest elections. The organizer is not honest about their identity. This fact also violates the principles of independence, honesty, legal certainty, professionalism, and accountability.
“The candidate members who concurrently become KPPS members are certainly not independent because they have a conflict of interest with their status as candidates. In addition, these candidates violate the requirements set to become KPPS members, namely in accordance with Law No. 7 of 2017 article 72 letter e which explains that to become a KPPS member it is mandatory not to be a member of a political party for at least 5 years before registering,” Putu explained.
Candidates as Polling Station Officers
In this hearing the Petitioner (PAN) presented a witness named Muhamad Rizal, secretary of DPD NasDem Party of Sorong Regency. The witness explained that the candidate by the name of Susiati was the head of polling station 7 in Malawele village, Sorong Regency. The witness confirmed the information and had reported it to Bawaslu Sorong Regency.
However, Bawaslu questioned the reason for the late reporting because at that time it had passed the PSU period. The incident also occurred at TPS 18 Malawele Village on behalf of Nani Mariana.
“The two candidates who became officers at TPS 7 and TPS 18 were candidates from PKS. This violation has not been processed because it is considered past the time limit,” explained Muhammad Rizal.
Recruitment Process of KPPS Members
Chief of KPU Sorong Regency (Commissioner) Frengki Duwith in his testimony before the court explained the recruitment process of KPPS members. Frengki said that all district election committee (PPD) and polling committees (PPS) were given technical guidance regarding the recruitment process.
According to him, the recruitment process is in accordance with the rules, the process is open and there is no input related to any protests from the community. Regarding the candidates who became KPPS, Frengki explained, this was known during the plenary in the Regency.
Firings
Bawaslu presented witness Herdi Funce Rumbewas, a member of Bawaslu Southwest Papua Province, in the hearing. Herdi stated that it was true that there was a report at the Sorong Regency Bawaslu related to candidates who became KPPS with reporters from the NasDem Party and PAN.
The Bawaslu, following up on the report, issued a recommendation to the KPU to dismiss the PPS and KPPS. Regarding the process of violations committed by candidates, Bawaslu does not have the authority because it has passed the time limit.
Read also:
PAN Request Re-Voting of Two Polling Stations in Sorong Regency
Author : Siti Rosmalina Nurhayati
Editor : Nur R.
Translator : SIti Nurhaliza/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.
Thursday, May 30, 2024 | 11:16 WIB 117