The Petitioner’s legal counsels M. Riano Pertama and Langen Subha Pangestu attending a ruling hearing in the plenary courtroom, Thursday (6/6/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The Constitutional Court (MK) rejected petition No. 111-01-13-24/PHPU.DPR-DPRD-XXII/2024 by PBB (Crescent Star Party) regarding the election of Bulungan Regional Legislative Council (DPRD) in Bulungan electoral district (dapil) 1, North Kalimantan Province. According to the Court, the Petitioner’s petition was legally groundless in its entirety. The verdict was delivered by Chief Justice Suhartoyo on Thursday, June 6, 2024 in the plenary courtroom.

“[The Court] adjudicated, relating to exceptions: to reject the exceptions by the Respondent and Relevant Party; relating to the subject matter: to reject the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

In its considerations read by Constitutional Justice Arief Hidayat, it is mentioned that regarding the Petitioner’s argument about the reduction by 3 votes at TPS (polling station) 039 in Tanjung Selor Hilir Village, Tanjung Selor Subdistrict, after examining the C-result form and the subdistrict D-result form, the Court found that the Petitioner obtained 3 votes, not 6 votes as alleged. This is in accordance with the testimony of Bawaslu (Elections Supervisory Body) and the letter/written evidence submitted.

Justice Arief also mentioned that regarding the Petitioner’s argument about the addition of 3 votes for Golkar (Party of Functional Groups) as the Relevant Party at TPS 060 of Tanjung Selor Hilir Village, Tanjung Selor Subdistrict, after examining the C-result and the D-result forms, it was found that the Relevant Party obtained 37 votes, not 34 votes as argued by the Petitioner. This was also in accordance with Bawaslu’s statement and the evidence submitted.

Regarding the argument about the addition of 1 vote for the Relevant Party at TPS 076 of Tanjung Selor Hilir Village, Tanjung Selor Subdistrict, after examining the C-result form and the subdistrict D-result form, it was found that the Relevant Party obtained 58 votes. This was also in accordance with Bawaslu’s statement and the evidence submitted.

Furthermore, Justice Arief Hidayat said, the Petitioner’s argument about the polling station working committee’s (KPPS) mistake at TPS 035 of Tanjung Selor Village of the use of 5 ballot papers for 34 voters on the special voters list (DPK), the Petitioner had reported the chairman and members of the KPPS at TPS 035 of Tanjung Selor Village to Bawaslu, and it had been decided by the Bulungan Regency Bawaslu with Decision No. 02/LP/ADM.PL/BWSL.KAB/24.04/III/2024 dated March 17, 2024. The Bulungan Regency KPU (General Elections Commission) through the North Kalimantan Province KPU has followed up on the Bawaslu’s decision by issuing a KPU Letter No. 156/SD-PL.01.8/65/4/2024 regarding the implementation of the Bulungan Regency Bawaslu Decision No. 02/LP/ADM.PL/BWSL.KAB/24.04/III/2024.

According to the Court, the mistake made by the KPPS regarding the use of ballot papers for 34 voters in the DPK had been followed up by Bulungan Regency Bawaslu in accordance with its duties, authority, and obligations as stipulated in laws and regulations. Bawaslu’s decision has also been implemented by the Respondent.

Therefore, based on the legal considerations, Justice Arief Hidayat said, the Petitioner’s petition had no legal basis in its entirety. “Considering that based on all the legal considerations above, the Court asserts that the Petitioner’s petition is unjustified in its entirety,” he said.

Also read:

PBB Alleges Vote Inflation for Golkar in Bulungan 1

KPU: Staged Vote Count Recapitulation in Bulungan 1 Electoral District

PBB Witnesses Reveal Discrepancies in Vote Recapitulation at Tanjung Selor Hilir Village

Previously, the Petitioner argued that there were additional votes for Golkar at three polling stations, which are TPS 039, TPS 060, and TPS 076 in Tanjung Selor Hilir Village, Tanjung Selor Subdistrict. Meanwhile, the vote inflation at three polling stations for Golkar caused a reduction in the Petitioner’s votes at one polling station, TPS 039 in Tanjung Selor Hilir Village, by 3 votes. According to the Petitioner’s petition, the correct vote for Golkar was 5,816 votes, different from the 5,820 votes previously determined by the Respondent (KPU). Meanwhile, according to the Petitioner, the correct vote for the Petitioner was 1,943 votes, different from the 1,940 votes determined by the Respondent.

In Petitioner’s petition, it asked the Court to grant the petition by canceling the KPU Decree No. 360 of 2024 and determine the correct vote acquisition according to the Petitioner for the Regency DPRD election for electoral district Bulungan 1.

Author              : Adam Ilyas
Editor               : Lulu Anjarsari P.
PR                    : Tiara Agustina
Translator         : Jessica Rivena Meilania/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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