Court Orders Recount for 6 Polling Stations in Lahat 4, South Sumatera

The Petitioner’s legal counsels Epran Yusniardi and colleagues attending a ruling hearing for the 2024 legislative election results dispute in the plenary courtroom, Thursday (6/6/2024). Photo by MKRI/Teguh.

JAKARTA (MKRI) — The Constitutional Court (MK) granted the Petitioner’s petition in part for the House of Representatives (DPR) and Regional Legislative Council (DPRD) election results dispute (PHPU) petitioned by NasDem (National Democratic Party) for the electoral district (dapil) of South Sumatera. The ruling hearing for Decision No. 275-01-05-06/PHPU.DPR-DPRD-XXII/2024 took place on Thursday, June 6, 2024.

“[The Court] adjudicated, to grant the Petitioner’s petition in part, declares the votes for candidates of Regency DPRD members in electoral district Lahat 4 at 6 polling stations: TPS 1 and 2 of Tanjung Kurung Ulu Village, TPS 2 of Tanjung Menang Village, TPS 1 and 2 of Padang Perigi Village, and TPS 1 of Tanjung Kurung Ilir Village, Tanjung Tebat Subdistrict, Lahat Regency, South Sumatera Province to be recounted,” said Chief Justice Suhartoyo reading the verdict alongside the other eight constitutional justices.

Then the Court also canceled the KPU (General Elections Commission) Decree No. 360 of 2024 as it pertains to the vote acquisition of candidates for Lahat Regency DPRD in said electoral district. It also ordered the Lahat Regency KPU to recount the ballots for DPRD candidates of Lahat Regency in Lahat 4 at TPS 1 and 2 of Tanjung Kurung Ulu Village, TPS 2 of Tanjung Menang Village, TPS 1 and 2 of Padang Perigi Village, and TPS 1 of Tanjung Kurung Ilir Village, Tanjung Tebat Subdistrict, Lahat Regency in accordance with statutory regulations within a maximum of 15 days after the decision was pronounced and to determine the correct vote acquisition as a result of the recount without the need to report to the Court. In addition, the Court ordered the KPU to supervise and coordinate with the KPU of South Sumatra Province and the KPU of Lahat Regency in order to implement this decision. Next, the Court ordered Bawaslu (Elections Supervisory Body) to supervise and coordinate with Bawaslu of South Sumatra Province and Bawaslu of Lahat Regency in order to implement this decision. Then, the Court orders the National Police and its ranks, especially the South Sumatra Provincial Police and the Lahat Regency Resort Police to safeguard the implementation of this decision in accordance with their authority.

In one of its legal considerations, the Court argued that there was a discrepancy in the number of votes obtained during the recapitulation process at the KPU of Lahat Regency, especially in Tanjung Tebat Subdistrict. After examining the evidence, the subdistrict DPRD D-result form of Tanjung Tebat Subdistrict of Lahat Regency did not match the regency/city DPRD C-result form submitted by the Respondent (KPU).

“This proves that Respondent’s ranks, that is, the subdistrict election committee (PPK) of Tanjung Tebat, have made mistakes in copying the vote results for the Petitioner, Relevant Party II (PKS/Prosperous Justice Party) and Relevant Party IV (PDI-P/Indonesian Democratic Party of Struggle), causing differences in the number of votes at 6 polling stations in Tanjung Tebat Subdistrict,” said Justice Arief Hidayat reading the legal considerations.

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Court Orders Recount for 6 Polling Stations in Lahat 4, South Sumatera