Granting PKB's Petition, the Court Orders a Revote in the Meranti Islands 4
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Iqbal Baharudin, as the legal counsel for the petitioner in Case No. 225-01-01-04/PHPU.DPR-DPRD-XXII/2024, attending the ruling hearing/decision in the Plenary Courtroom of Constitutional Court. Photo by MKRI/Teguh.


JAKARTA (MKRI) — The Constitutional Court (MK) fully granted the 2024 legislative election results dispute for members of the Province/Regency of Riau Province, filed by the National Awakening Party (PKB). The decision orders the General Elections Commission (KPU), as the Respondent, to conduct a revote in the Meranti Islands Regency, Meranti Islands 4. The ruling for Case No. 225-01-01-04/PHPU.DPR.DPRD-XXI/2024 took place on Thursday, June 6, 2024, in the Plenary Courtroom of the Constitutional Court.


"The ruling adjudicates and grants the Petitioner's petition in its entirety. It declares that the vote results for the candidates of the Regional House of Representatives in the Meranti Islands Regency, Electoral District Meranti Islands 4, must undergo a Revote," stated Chief Justice Suhartoyo while reading the decision.

Additionally, the Court also requested the annulment of KPU No. 360 of 2024 concerning the Certification of the Results of the 2024 General Elections for President and Vice President, Members of the House of Representatives, Regional Representatives Council, Provincial Regional House of Representatives, and Regency/City Regional House of Representatives nationally, dated March 20, 2024, at 22:19 WIB, insofar as it relates to the vote acquisition for the candidates of the Regional House of Representatives of Meranti Islands Regency, Meranti Islands 4.

In its legal considerations, the Court explained that regarding the petitioner's claims, there was a recommendation from the Tebing Tinggi Barat Subdistrict Election Supervisory Committee (Panwaslu) to the Meranti Islands Regency Election Commission (KPU) to conduct a Revote (PSU) for the Meranti Islands 4 regional legislative council election at polling station (TPS) 002 in Tanjung Peranap Village. However, this was not followed through by the KPU of Meranti Islands, reasoning that it was only an administrative error and did not meet the criteria for a PSU.


"The recommendation was based on the Study of Alleged Violations No. 001/Reg/TM/PP/Kec. Tebing Tinggi Barat/04.12/11/2024 dated February 20, 2024. The study reported an administrative violation by the election officials at TPS 002 in Tanjung Peranap Village for issuing a ballot that should not have been given to an additional voters list (DPTb) member who moved voting locations, specifically Sri Suharmi Ningsih. As a result, the concerned voter should have only received ballots for the presidential and vice-presidential election, House of Representatives, and Provincial Legislative Council, including the Regency Legislative Council of Meranti Islands, but was also given a ballot for the Regency Legislative Council of Meranti Islands Electoral District 4," stated Chief Justice Suhartoyo during the legal considerations.

According to the Court, an administrative violation occurred, manifesting in the issuance of ballots to an ineligible voter, a fact substantiated by the testimony of the respondent's witness, Abu Hamid. Abu Hamid elucidated that on February 20, 2024, the Panwascam of Tebing Tinggi Barat Subdistrict forwarded a recommendation to the KPU of Meranti Islands. This recommendation highlighted an incident wherein an individual registered as DPTb under the name Sri Suharmi Ningsih, who was entitled to receive 4 ballots, was instead given 5 ballots. Despite the acknowledgment of this discrepancy, the KPU deemed the Bawaslu recommendation insufficient in meeting the criteria outlined in Article 372 of Law No. 7 of 2017 and Article 80 of Regulation No. 25 of 2023. Consequently, no KPU implementation of the Revote ensued, as per the incident at TPS 002 Tanjung Peranap.

 

Because the Bawaslu recommendation did not relate to an electoral process dispute as referred to in Article 469 of the Election Law, there was no reason for the respondent, in this case, the KPU of Meranti Islands, not to follow up on the Bawaslu recommendation.

Therefore, based on the legal facts and provisions above, it was evident that there were voters at TPS 002 in Tanjung Peranap who were not eligible to vote using their voting rights and had been recommended by Bawaslu for a PSU, but it was not carried out. Thus, to ensure and protect the purity of the constitutional rights of voters and to uphold democratic election principles based on direct, general, free, confidential, honest, and fair conditions, the Court found it necessary to conduct a Revote at TPS 002 in Tanjung Peranap, Tebing Tinggi Barat Subdistrict, Meranti Islands Regency.

"Based on all the considerations above, according to the Court, the petitioner's claims are legally justified in their entirety," stated Suhartoyo.

Furthermore, Suhartoyo explained, with the Revote determined to be held at TPS 002 in Tanjung Peranap, Tebing Tinggi Barat Subdistrict, Meranti Islands Regency, the respondent is ordered to conduct the PSU within a maximum of 30 (thirty) days from the date this decision was pronounced. Additionally, the Court instructed the KPU to establish the vote results of the PSU without reporting to the Court.

Suhartoyo mentioned that to ensure the proper implementation of the Revote, the execution of the PSU must be supervised and coordinated by the General Elections Commission of the Republic of Indonesia and the Provincial Election Commission of Riau with the Regency Election Commission of Meranti Islands.

Also read : 

KPU Clarifies No Revote at TPS 002 Tanjung Peranap
KPU Witnesses Testify on Recommendations Regarding Incident in Tanjung Peranap Village

Previously, during the preliminary hearing, the Petitioner alleged that a violation of administrative rules occurred because election officials issued a ballot that should not have been given to an additional voter who moved voting locations under the name Sri Suharmi Ningsih, specifically at TPS 002 in Tanjung Peranap, Tebing Tinggi Barat Subdistrict, Meranti Regency, Riau Province. (*)

Author : Utami Argawati

Editor : Lulu Anjarsari P.
PR :  Fauzan Febriyan
Translator : Gabrielle K.W/Fuad Subhan

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 | 19:43 WIB 34