Respondent's witness

The Respondent's witness, Jayan Basri Tamba, testifying on the Election Dispute (PHPU) hearing for members of DPR (House of Representatives), Provincial and Regency/City DPRD (Regional Legislative Council) of North Sumatera Province on Thursday (05/30) in Panel 1 Courtroom. Photo by MKRI/Ifa.

JAKARTA (MKRI) —— The Election Dispute (PHPU) hearing for members of DPRD (Regional Legislative Council) Samosir I Regency was held at the Constitutional Court (MK) on Thursday, May 30, 2024. The Case No. 149-01-16-02/PHPU.DPR-DPRD-XXII/2024 was filed by Perindo (United Indonesia Party).

During the hearing chaired by Chief Justice Suhartoyo, Roky Finaldo Manurung from Perindo testified to witnessing direct violations involving 160 ballots that were marked but not signed by the KPPS (Polling Station Working Committee) Chairperson at TPS (Polling Station) 12 Pardomuan I. “The KPPS chairperson distributed ballots to 32 individuals, amounting to 160 ballots lacking the KPPS chairperson’s signature,” he stated.

According to Roky, during the voting process at TPS 12 Pardomuan I, he witnessed the KPPS handing out unsigned ballots to voters. He then asked the KPPS Chairperson why the ballots given to voters were not signed.

"The voting process was momentarily paused to decide whether it would proceed or not. However, the KPPS decided to continue the voting," he clarified.

Roky also stated that after the voting resumed and concluded, the KPPS Chairperson provided initials on the unsigned ballots, followed by the vote tallying process.

Similar assertions were made by Tulus Sitangang, also a petitioner's witness. He affirmed that during the sub-district election committee (PPK) recapitulation, he lodged objections regarding the Vote Count Recapitulation at TPS 12 in Pardomuan Village. He cited irregularities during the voting and ballot counting at TPS 12 Pardomuan I, specifically noting 160 ballots lacking the signature of the KPPS Chairperson, which ought to have been deemed invalid but were deemed valid by the KPPS.

Due to the presence of these 160 unsigned ballots, he rejected the recapitulation at the Pangururan District level and requested the Samosir Regency KPU (General Election Commission), especially the Pangururan District, to conduct a Revote (PSU) at TPS 12 Pardomuan 1. However, the Pangururan District proceeded with and finalized the recapitulation results.

Meanwhile, KPU (Respondent) also presented witnesses. One of them is Jayan Basri Tamba, a Member of the Legal and Oversight Division of the Samosir Regency KPU. He explained that the Samosir Regency KPU actively monitored the entire recapitulation process from the polling station (TPS) level to the sub-district level.

According to Jayan, there was no recommendation from Bawaslu (Election Supervisory Agency) for a Revote (PSU). However, the cascading recommendations for improvement from Bawaslu have been followed up. "The Election Supervisory Committee's (Panwas) recommendations regarding corrections in case of errors in writing or tallying during the recapitulation process have been addressed," he explained.

Meanwhile, Ester Angriani Malau, as a Member of the Pangururan PPK, explained that at the district level, they did indeed open Special Incident Form C. At the TPS level, the ballots were signed before the vote counting commenced. The petitioner requested cancellation, but according to the PPK, it was not possible.

Concluded

During the hearing, Panel I Justices also heard testimonies from Witnesses and Experts presented by the PKB (National Awakening Party) as the Relevant Party. The Witnesses explained that the issue of 32 types of unsigned ballots by the KPPS chairperson had been resolved at the TPS level in the form of Special Incident Report for TPS 012.

Meanwhile, Expert Mirza explained that the electoral process for the Samosir Regency DPRD in Electoral District (Dapil) I, covering Pangururan Sub-district and Ronggur Nihuta Sub-district, had been conducted in accordance with the mechanisms outlined in Law No. 7 of 2017 on General Elections, later revised by Law No. 7 of 2023. Furthermore, the process also adhered to the provisions stipulated in KPU Regulation No. 25 of 2023 regarding Voting and Vote Counting in Elections. Based on the Samosir Regency KPU Decree No. 465 of 2024 regarding the Stipulation of the DPRD Election Results in Samosir Regency, it has been declared valid and in accordance with the applicable regulations.

In connection with the Recount at TPS 07 in Pardomuan I Village, Pangururan District, the petitioner's argument under Article 372 paragraphs (1) and (2) of Law No. 7 of 2017, as revised, aimed to ensure compliance with legal regulations in requesting a recount. However, based on the legal theories of pragmatism and critical law, one can critique this approach by highlighting practical, social, and political aspects that may have been overlooked in the decision-making process regarding the recount. Nevertheless, the focus of the hearing should be on the process of electing DPRD members and the validity of its outcome, rather than irrelevant issues such as the distribution of duplicate ballots in TPS 7, underscoring the importance of upholding the integrity of the electoral process in accordance with applicable laws.

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Respondent's witness