Constitutional Court Rejects PDI-P Petition for Puncak Regency DPRD

Petitioner's legal counsel Heri Perdana Tarigan and Principal Manase Wandik while attending the ruling hearing on Legislative Election Results Dispute (PHPU) for Central Papua on Thursday (6/6/2024) in the Plenary Courtroom. Photo by MKRI/Ifa.

Jakarta, MKRI – The Constitutional Court (MK) delivered during a hearing No. 04-01-03-36/PHPU.DPR-DPRD-XXII/2024 for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute. The case was petitioned byPDI-P (Indonesian Democratic Party of Struggle), on Thursday (6/6/2024).

“Rejecting the petition of the Petitioner insofar as it relates to the election of members of the Regional House of Representatives of Puncak Regency in the Puncak Electoral District 2, Puncak 3 and Puncak 4,” said Chief justice Suhartoyo 'alongside the other eight constitutional justices.

According to the Court, the Petitioner's argument regarding the reduction of the Petitioner's vote share for the election of DPRD Puncak District 4 is unreasonable according to law.  The Petitioner is unable to authenticate the veracity of the claim regarding their votes in the election of members of the Puncak Regency Regional People's Representative Council (DPRD) in the Puncak 2, Puncak 3, and Puncak 4 electoral districts.

Noken System

The Court in its legal considerations considers that although the Noken System is legal and accommodated by the regulations, this system is not ideal to fulfill the principles of direct, general, free, secret, fair and honest elections. This is attributed to challenges in implementing regulations, such as inadequate transportation and communication infrastructure, harsh natural conditions, and the diverse array of community groups still predominantly adhering to customary practices. These factors collectively make it exceedingly challenging to conduct elections that truly reflect fair legal certainty.

Although the Noken System is one of the rich customs that needs to be preserved and applied in elections, the Court realizes that its implementation and supervision will be difficult if it is not supported by legal instruments that can effectively adapt to local conditions. This, in turn, affects the legal certainty and outcome of elections. Therefore, in implementing elections with the Noken System, election organizers, in this case the KPU and Bawaslu, should prepare technical rules that ensure that voters' votes are in accordance with the results of deliberations from the polling station level to the Regency, to avoid conflict and ensure justice.

Also Read:

PDI-P Presents Five Witnesses to Central Papua’s Voting System

Court Issues Interlocutory Decision on PDI-P’s Election Petition in Central Papua

PDI-P Questions Missing Votes in Central Papua Electoral Districts

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, June 06, 2024 | 16:46 WIB 29