Court Orders Comparison of Vote Acquisition at 10 Polling Stations in Bogor City 3
Image

The Petitioner’s legal counsel Guntur Setiawan while attending a ruling hearing for the 2024 legislative election results dispute of Bogor City. Thursday ((6/6/2024). Photo by MKRI/Ifa.


JAKARTA (MKRI) — The Constitutional Court (MK) granted in part the Golkar’s (Party of Functional Groups) petition related to the vote acquisition of candidates for the Bogor City DPRD (Regional Legislative Council) along the Electoral District of Bogor City 3. In addition, the Court also must do a comparison of the Petitioner’s votes based on the document of C. Result – Regency City DPRD with D. Result Subdistrict – Regency/City DPRD of Bogor City. The ruling hearing for case No. 94-01-04-12/PHPU.DPR-DPRD-XXII/2024 was presided over by Chief Justice Suhartoyo alongside the other eight constitutional justices, on Thursday, June 6, 2024 in the plenary courtroom.

In its legal considerations delivered by Constitutional Justice M. Guntur Hamzah, there was a Bawaslu (Elections Supervisory Body) Decision which basically states that the existence of an input error in the Golkar's vote acquisition that must be followed up. Although the Respondent has made corrections, it was not made as intended in the Bawaslu Decision, especially since the corrections were made before the Bawaslu Decision issuance. Therefore, the Respondent's action of not following up on Bawaslu Decision is unjustified.

“Thus, to convince the Court about the accurate votes and to ensure the validity of the voters' votes in that Dapil, there is doubt for the Court to order the comparison of the Golkar’s vote acquisition for candidates of the Bogor City DPRD in the Dapil of Bogor City 3 at polling station (TPS) 45 of West Cilendek Village, TPS 17 of Bubulak Village, TPS 3 of Gunung Batu Village, TPS 20 of Pasir Kuda Village, TPS 36 of Curug Village, TPS 30 of East Cilendek Village, TPS 32 of Semplak Village, TPS 45 of Sindang Barang Village, TPS 44 of Bubulak Village, TPS 15 of Balumbang Jaya Village, West Bogor Sub-district, and Bogor City 3," Guntur explained.

“According to the Court, the Bawaslu statement was in line with the comparison conducted by the Respondent between C. Result and D. Result Forms of the Sub-districts at TPS 25 of Pasir Jaya Village, TPS 44 of Bubulak Village, and TPS 45 of Sindang Barang Village. Thus, regarding the argument raised by the Petitioner a quo, it has been resolved," said Guntur.

Ballot Comparison

Regarding the petitioner's argument, which essentially stated the addition of 30 votes for NasDem (National Democratic Party) and its candidates in the West Bogor Sub-district area, namely TPS 30 of Curug Mekar Village, TPS 29 of Sindang Barang Village, TPS 19 of Balumbang Jaya Village, TPS 01 and 02 of West Cilendek Village, TPS 27 of Pasir Jaya Village, and TPS 08 of Pasir Mulya Village, the Court then conducted a comparison of votes based on evidence provided by the Petitioner, Respondent, and Bawaslu. After comparing C. Result – Regency/City DPRD form with D. Result – Subdistrict/Regency/City and based on Bawaslu's statement regarding the results of the West Bogor Sub-district Panwaslu (elections supervisory committee) during the recapitulation process for vote acquisition at the Sub-district level, it was found that there was consistency in the vote count in TPS 30 of Curug Mekar Village, TPS 29 of Sindang Barang Village, and TPS 19 of Balumbang Jaya Village.

Meanwhile, the vote acquisition listed on the C. Result Copy – Regency/City DPRD Form submitted by the Petitioner are entirely different from the Form C. Result Copy – Regency/City DPRD Form submitted by the Respondent and Bawaslu. The Petitioner failed to explain further the fact of this difference, neither through witness statements nor other evidence. Therefore, with such legal facts, the Court was not convinced of the accuracy of the evidence submitted to support the argument of the Petitioner a quo.

Also read:

Vote Reduced, Golkar Requests Bogor City 1, 3 Tally Canceled

KPU: No Incident in Bogor City

Golkar Witness Not Given Objection Form at Bogor City Plenary Meeting

Difference in Total Vote

Regarding the argument about the additional votes for NasDem at TPS 02, 001, and 049 of West Cilendek Village, TPS 027 of Pasir Jaya, and TPS 008 of Pasir Mulya Village, Bawaslu stated that there was a writing error between the model C. Result – Regency/City DPRD form and model D. Result of Sub-district – Regency/City DPRD at those TPS.

Regarding this matter, Justice Guntur continued, after the Court examined and juxtaposed the evidence from the Respondent and Bawaslu on the five TPS, found differences in vote acquisition.

Therefore, since there were still differences in the votes of NasDem at the five TPS mentioned, to convince the Court about the correct votes and to ensure the validity of the voters' votes in that Dapil, there is no doubt for the Court to order a comparison of the NasDem's votes for the candidates of Bogor City DPRD in the Dapil of Bogor City 3 at TPS 02, 001, and 049 of West Cilendek Village, TPS 027 of Pasir Jaya Village, and TPS 008 of Pasir Mulya Village.

The Petitioner argued that there was a vote reduction of 2,096 votes, according to the Petitioner, based on the data of C Result and D Result forms of Gunung Putri Sub-district. To confirm the accuracy of the Petitioner's vote acquisition, the Court has compared the evidence submitted by the Petitioner, Respondent, and Bawaslu, which was found that there were no differences in the evidence submitted by the Respondent and Bawaslu at TPS 04-07, 15, 24-27, 29 of Karanggan Village.

The Petitioner’s vote acquisition contained in the evidence submitted by the Respondent and Bawaslu is different from the evidence submitted by the Petitioner. The evidence of the Respondent and Bawaslu has been found to be consistent between model C. Result – Regency/City DPRD form and model D. Result of Sub-district – Regency/City DPRD.

From that comparison, it was found that Golkar's votes at TPS 04 of Karanggan Village based on the model C. Result Form submitted by the Petitioner amounted to 22 votes, while based on the evidence of model C. Result Form submitted by Bawaslu, amounted to 11 votes, which was same as the evidence submitted by the Respondent.

In addition, it has been found that the signatures and names of the Chairperson and Members of the KPPS (polling station working committee) at TPS 04 of Karanggan Village contained in the evidence submitted by the Respondent are the same as those contained in the evidence submitted by Bawaslu. As for the names and signatures in the evidence submitted by the Petitioner, the Court has convinced in its accuracy, because the signatures and names in the Petitioner's evidence were different from the Respondent and Bawaslu.

Moreover, in relation to the difference in vote acquisition of the Petitioner in question, in the evidentiary hearing, the Petitioner presented witnesses who reinforced the arguments in the Petition and the truth of the tools provided to the Court.

Based on the description of legal considerations above, according to the Court, the Petitioner's argument relating to the reduction of Golkar's votes in Dapil of Bogor Regency 2 is unreasonable according to the law. Meanwhile, with regard to the Petitioner's argument regarding the vote acquisition of DPRD candidates in Dapil of Bogor City 3, it is legally justified in part.

“By the stipulation of Vote Comparison of the Petitioner for candidates of the Bogor City DPRD in Dapil of Bogor City 3 based on the document C. Result of Sub-districts – Bogor City DPRD form and D. Result of Sub-districts – Bogor City DPRD form, it is ordered to the Respondent to conduct the Vote Comparison within a maximum of 15 days after the a quo decision is announced. Furthermore, to stipulate the vote acquisition as a result of the Vote Comparison without reporting to the Court,” said Chief Justice Suhartoyo.

Author            : Utami Argawati
Editor              : Lulu Anjarsari P.
PR                    : Fauzan Febriyan

Translator     : Putri Ratnasari/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 | 14:21 WIB 25