Court Orders Vote Comparison at 120 Polling Stations in Banten II for DPR Election

Chief Justice Suhartoyo pounding the gavel at a ruling hearing for the 2024 legislative election results dispute in the plenary courtroom, Thursday (6/6/2024). Photo by MKRI/Ifa.

JAKARTA (MKRI) The Constitutional Court (MK) has instructed the General Elections Commission (KPU), the Respondent in case No. 183-01-14-16/PHPU.DPR-DPRD-XXII/2024, to perform a vote comparison of the DPR C-result forms and the subdistrict-DPR D-result forms for the Indonesian Democratic Party of Struggle (PDI-P/Relevant Party). This case was filed by the Democratic Party in the 2024 DPR (House of Representatives) election in the Banten II electoral district.

“[The Court] declares that [on] the vote results for the DPR candidates in the Banten II electoral district there must be a vote comparison for the votes for the Relevant Party (PDI-P) on the DPR C-result forms and the subdistrict-DPR D-result forms,” Chief Justice Suhartoyo announced at the ruling hearing on Thursday, June 6, 2024.

In the verdict, the Court annulled the KPU Decision No. 360 of 2024 as it pertains to the vote results of DPR candidates in Banten II. The Court also instructed the KPU to compare the votes for PDI-P on the DPR C-result forms and the subdistrict-DPR D-result forms at 120 polling stations, which include TPS 2, 5, 9, and 11 of Kuranji Village; TPS 1, 3, 4, 9, 11-17, 20, and 21 of Panggung Jati Village; TPS 1-6, 9, 10, 14, 15, and 18 of Lialang Village; TPS 1-4, 6, and 10-14 of Umbul Tengah Village; TPS 5 and 16 of Taman Baru Village; TPS 5 and 8 of Cibendung Village; TPS 4, 5, 10, 11, 14, 15, 19, 20, 22, 27, 28, 38, 45-47, 50, and 51 of Drangong Village; TPS 2-11 of Kalang Anyar Village; TPS 1, 2, and 9 of Cilowong Village, all within Taktakan Subdistrict, Serang City; TPS 6 and 8 of Nyapah Village within Walantaka Subdistrict, Serang City; TPS 1, 2, 10, 12, and 16 of Baros Village; TPS 1, 2, 8, 9, and 11 of Suka Indah Village; TPS 6 of Cisalam Village; TPS 4 of Curug Agung Village; TPS 1 and 4-8 of Sukacai Village; TPS 4-6 of Padasuka Village; TPS 1, 2, 13, and 18 of Sukamanah Village; TPS 1, 2, and 8 of Sidamukti Village; TPS 4, 5, 7, and 9 of Tejamari Village; TPS 1-4, 6, 9, and 12-15 of Sindangmandi Village; and TPS 1, 2, 4, and 7 of Sinarmukti Village, all within Baros Subdistrict, Serang Regency. The comparison must be completed within 30 days from the ruling date and the accurate vote count certified from the comparison must be finalized without reporting back to the Court.

The Court also instructed the KPU and the General Election Supervisory Agency (Bawaslu) to supervise and coordinate the implementation of this ruling. It also directed the Indonesian National Police, particularly the Banten Regional Police and the Serang Precinct, to ensure security during the vote comparison process.

In its legal considerations read out by Constitutional Justice Daniel Yusmic P. Foekh, the Court stated that the comparison of votes on the DPR C-result forms and the subdistrict-DPR D-result forms at 120 polling stations was necessary to ensure the purity of voters’ choices and to uphold the principles of fair and honest election. The Court partially granted the Petitioner’s request, rejected other claims due to lack of evidence or prior resolution during the recapitulation process at the regency/city level.

The Court found no evidence (DPR C-result forms or DPR C-copies) at some of the polling stations cited by the Petitioner. Some polling stations had already undergone comparison and correction during the district-level recapitulation. Additionally, without Bawaslu’s decisions for certain polling stations, the Court saw no issues needing further action.

Also read:

Democratic Party Alleges Vote Reduction in South Tangerang

KPU Denies Democrat’s Vote Count for Banten II DPR

PDI-P’s Expert: Petition Does Not Comply with Court Regulations

The Court had issued an interlocutory decision on May 21, 2024. Before delivering the final ruling today, the Court had dismissed the Petitioner’s petition regarding the Tangerang City I vote count for the Tangerang City DPRD election.

The Petitioner claimed that according to KPU Decree No. 360 of 2024, the Democratic Party received 142,279 votes for the DPR seat in Banten II, while PDI-P received 143,703 votes. It argued that PDI-P's vote count should be reduced by 1,774 votes, making the total 141,929 votes. This would give the Democratic Party a 350-vote lead over PDI-P.

Author              : Mimi Kartika
Editor                : Lulu Anjarsari P.
PR                    : Fauzan Febryan
Translator         : Dzaki Difa Al Hadiid/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 | 16:05 WIB 40