Court Orders Revote at TPS 004 Perkebunan Sungai Lala Village, Indragiri Hulu Regency

The nine constitutional justices presiding over a ruling hearing for the 2024 legislative election results dispute for Indragiri Hulu Regency, Thursday (6/6/2024) in the plenary courtroom. Photo by MKRI/Teguh.

JAKARTA (MKRI) — The Constitutional Court (MK) ordered the General Elections Commission (KPU) as the Respondent to carry out a revote at TPS (polling station) 004 of Perkebunan Sungai Lala Village, Sungai Lala Subdistrict, Indragiri Hulu Regency. This decision was handed down by the Court for case No. 251-01-17-04/PHPU.DPR-DPRD-XXII/2024 petitioned by the United Development Party (PPP) for the Indragiri Hulu Regency DPRD (Regional Legislative Council) election for electoral district 5.

“Relating to the petition’s subject matter, [the Court] grants the Petitioner’s petition in part, states that the vote acquisition of the candidates for the Indragiri Hulu Regency DPRD in the electoral district of Indragiri Hulu 5 should be revoted,” said Chief Justice Suhartoyo at the ruling hearing in the plenary courtroom on Thursday, June 6, 2024.

Delivering the Court’s legal opinion, Constitutional Justice M. Guntur Hamzah explained that the Respondent (KPU) and Bawaslu (Elections Supervisory Body) did not dispute that at TPS 004 of Perkebunan Sungai Lala Village only 218 ballots were available out of 301 ballots, so there was a shortage of 83 ballots. Voters unable to exercise their voting rights due to the shortage of ballots moved to other polling stations. However, the Court did not find any procedure for moving voters registered in the final voters list (DPT) and additional final voters list (DPTb) at a polling station to the nearest one due to a shortage of ballots.

The Court believes that the committee of TPS 004 of Perkebunan Sungai Lala Village could not overcome the problem of ballot shortage, which harmed voters who wanted to exercise their right to vote since it was too late. To ensure the fulfillment of the constitutional right to vote, the Court considers it necessary to carry out a revote at TPS 004 of Perkebunan Sungai Lala Village, Sungai Lala Subdistrict, Indragiri Hulu Regency, without including 13 voters registered in DPT and DPTb who have exercised their voting right at TPS 005.

“The Petitioner’s petition as long as it relates to the vote acquisition of candidates for DPRD Indragiri Hulu Regency electoral district 5 is reasonable according to the law, but since it is not as requested by the Petitioner, the Petitioner’s petition is reasonable according to law in part,” said Justice Guntur.

The Court ordered the KPU to carry out a revote at TPS 004 of Sungai Lala Village for the election of DPRD Indragiri Hulu Regency in electoral district 5 within 30 days of this decision and determine the vote acquisition of the revote results without reporting to the Court. The Court also ordered the KPU and Bawaslu to supervise and coordinate the implementation of this decision. The Court further ordered the National Police of the Republic of Indonesia and its apparatus, especially the Riau Provincial Police and the Indragiri Hulu Regency Precint to secure the process of re-voting and recounting the ballots under their authority.

Also read:

PPP Wins Only 1 Vote in Indragiri Hulu 5, Alleges Ballot Shortage

KPU Clarifies No Revote at TPS 002 Tanjung Peranap

Ballots in Rokan Hulu Ran Out, PPP Witnesses Unable to Vote

In its petition, the Petitioner stated that its votes must have exceeded one vote because many of its sympathizers had been unable to vote due to ballot shortage at TPS 04 in Perkebunan Sungai Lala Village.

The number of final voters at TPS 04 of Perkebunan Sungai Lala Village should have been 295, so there should be 295 ballots plus 2 percent, which was 301 ballots. However, the actual available ballots for the election of Regency DPRD at the polling station were only 218.

The Petitioner had only realized the ballot shortage at TPS 04 during recapitulation in subdistrict level. Its ignorance of the issue was because its witnesses were not welcome by the polling station working committee (KPPS) at TPS 04 due to tardiness.

In this PPP-related case, Constitutional Justice Arsul Sani exercised the right to abstain. He did not participate in deciding this case.

Author              : Mimi Kartika
Editor                : Lulu Anjarsari P.
PR                    : Fauzan Febriyan
Translator         : Frity Michael Br Sembiring/Yuniar W.

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 | 16:23 WIB 32