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JAKARTA (MKRI) — The Constitutional Court (MK) rejected the petition for case No. 59-02-02-12/PHPU.DPR-DPRD-XXII/2024 filed by the Bekasi Regency DPRD electoral district 2 legislative candidate number 2 from the Great Movement Party (Gerindra) Lydia Fransisca. According to the Court, the Petitioner’s arguments regarding the shift or change in the vote acquisition of Gerindra candidates were not legally founded in its entirety.

“Relating to the petition’s subject matter, [the Court] rejects the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo in the plenary courtroom on Thursday, June 6, 2024.

Delivering the Court’s legal opinion, Chief Justice Suhartoyo explained that the documents that can be used to calculate the vote recapitulation are the authentic/original C-result and D-result forms produced during each vote counting process at each level. However, the evidence submitted by the Petitioner could not invoke the Court’s confidence on the correctness of the number of votes because it was incomplete.

The photocopies of the C-result forms that the Petitioner submitted only concerned the argued polling stations. The incomplete documents could not provide comprehensive information on the results of the vote count nor could their authenticity and how they were obtained be ascertained, so the Court could not be sure of the evidence.

In addition, the C-result forms actually only belonged to the KPU (General Elections Commission), while participants can only obtain a copy of them. Therefore, the Court used the evidence submitted by the KPU and Bawaslu (Elections Supervisory Body) in the form of C-result and D-result forms from the nine villages argued by the Petitioner. From the comparison results, the Court found legal facts that there were no differences in the vote acquisition, in both the C-result and D-result forms.

“Therefore, there is no doubt for the Court to state that the Petitioner could not prove that there was a shift in the votes for Gerindra and Gerindra candidate number 4 Ella Tri Rahmawati to Gerindra candidate number 1 Iwan Setiawan as argued by the Petitioner,” Chief Justice Suhartoyo stressed.

Also read:

Gerindra Candidates Fight for Votes for Bekasi DPRD

KPU: Petition by Gerindra’s Bekasi Regency 2 DPRD Candidate Unclear

Gerindra’s Expert: C-Result Form Must Be Signed for Legal Certainty

In the Petitioner’s petition, she argued that there was a shift or change in votes between fellow candidates from Gerindra, where votes were transferred from Lydia Fransisca to Iwan Setiawan. The Petitioner stated that votes for Iwan Setiawan had increased by 1,522 votes at 317 polling stations spread across nine villages in West Cikarang Subdistrict, Bekasi Regency, West Java Province. This resulted in a change in the results of the vote count, which was disadvantageous to the Petitioner.

In her petition, the Petitioner requested that the Court order the KPU to conduct a recount of ballots at the 317 polling stations in question or to determine the correct vote acquisition results according to the Petitioner for the filling of the Bekasi Regency DPRD by Gerindra in Bekasi 2. According to the Petitioner, Iwan Setiawan earned 8,989 votes while Lydia Fransisca earned 9,333 votes.

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.

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