Court Rejects Gelora’s Election Dispute Petition for Paniai 1

Petitioner's legal counsel, Ahmad Hafiz, while attending the ruling hearing for the 2024 legislative election results dispute of Central Papua Province on Thursday (6/6/2024) in the Plenary Courtroom of the Constitutional Court. Photo by MKRI/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) rejected the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute petition for case No. 51-01-07-36/PHPU.DPR-DPRD-XXII/2024 on Thursday, June 6, 2024. The case was petitioned by Gelora (Indonesian People’s Wave Party) for the election of DPRD candidates for Paniai Regency in the electoral district of Paniai 1. The Court deemed that Petitioner’s petition was not legally grounded in its entirety. The decree was read by Chief Justice Suhartoyo in the plenary courtroom.

“[The Court] adjudicated, in the Exception, to reject the Respondent's exception entirety. Relating to the petition’s subject matter, to reject the Petitioner’s petition entirety,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

Previously, Gelora as the Petitioner requested the annulment of the General Elections Commission (KPU) Decree No. 360 of 2024 dated March 20, 2024, on the vote acquisition for DPRD candidates in the electoral district of Paniai 1. The Petitioner claimed a reduction of 4,175 votes in 17 polling stations (TPS) in two subdistricts, namely Wegee Muka and Duma Dama Subdistricts. The Petitioner argued that the total votes should have been 4,180 votes, but the Respondent only certified 5 votes to the Petitioner.

In its legal considerations, delivered by Constitutional Justice Enny Nurbaningsih, the Court stated that based on the testimonies of the Petitioner's witnesses, Pilipus Kayame, Yulius Kudiai, and Yermias Pigome, during the hearing on May 27, 2024, it was found that the vote acquisition for the Gelora in the Wegee Muka Subdistrict was 3,327 votes for its candidate named Demas Kayame. However, after the Court examined and tallied the votes from all TPS in the Wegee Muka Subdistrict according to Regency/City DPRD-copy results form submitted by the Petitioner, the Court obtained a vote acquisition of 3,316 votes. The Court deemed that there was inconsistency between the evidence presented and the testimonies of the Petitioner's witnesses. Furthermore, the Petitioner did not present witnesses to support the argument regarding the vote acquisition in the Duma Dama Subistrict. Therefore, the Court did not find the Petitioner's argument regarding the vote acquisition in the Wegee Muka and Duma Dama Subistrict convincing.

The Court also considered that the additional evidence marked as Exhibit P-22 to Exhibit P-27 could not clearly describe the actual vote acquisition as argued by the Petitioner. These pieces of evidence were submitted without a narrative that accurately portrays their truthfulness and their relevance to the Petitioner's argument at each contested TPS.

After careful examination, the Court found discrepancies in the information presented in the evidence marked as Evidence P-22, Evidence P-23, and Evidence P-25 regarding the vote acquisition for the Gelora candidate named Demas Kayame. Therefore, the Court does not find these pieces of evidence convincing.

Based on the aforementioned legal considerations, the Court asserted that the Petitioner’s argument on the vote acquisition of 4,175 in the Wegee Muka and Duma Dama Subdistricts, with the following details: TPS 1 Yagiyobutu with 234 votes, TPS 2 Yagiyobutu with 228 votes, TPS 1 Obaidagi with 166 votes, TPS 1 Woubutu with 232 votes, TPS 1 Kugitati with 227 votes, TPS 2 Kugitati with 236 votes, TPS 3 Kugitati with 229 votes, TPS 1 Muyadebe with 202 votes, TPS 1 Kinou with 257 votes, TPS 1 Uwamani with 247 votes, TPS 2 Uwamani with 237 votes, TPS 3 Uwamani with 252 votes, TPS 2 Geko with 288 votes, TPS 2 Kobouyagapa with 281 votes, TPS 1 Bomesiaga with 300 votes, TPS 2 Bomesiaga with 296 votes, and TPS 2 Waitapa with 263 votes, was legally grounded.

"Considering that based on the aforementioned legal considerations, the Petitioner's arguments regarding the election of DPRD candidates for Paniai Regency in the electoral district of Paniai 1, are legally grounded in its entirety. Thus, the recapitulation results certified by the Respondent for the election of DPRD candidates in the Paniai Regency should be deemed as the correct vote count in the 2024 Election as stipulated in KPU Decree No. 360/2024 for the election of DPRD candidates in the Paniai Regency 1," stated Constitutional Justice Enny Nurbaningsih.

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Court Rejects Gelora’s Election Dispute Petition for Paniai 1