Perindo Petition for Central Maluku Rejected Due To Unproven Vote Transfer Allegation

The petitioner's legal counsels, attending the Ruling Hearing for Case No. 35-01-16-31/PHPU.DPR-DPRD-XXII/2024 in the Plenary Courtroom. Photo by MKRI/Teguh.

JAKARTA (MKRI) —— The Constitutional Court (MK) rejected all petitions from Perindo (United Indonesia Party) in the Ruling Hearing on the 2024 Election Dispute (PHPU) for Members of the House of Representatives (DPR), Provincial and Regency/City Regional Legislative Council (DPRD) on Thursday, June 6, 2024. The Court’s Decision No. 35-01-16-31/PHPU.DPR-DPRD-XXII/2024 was delivered by Justice Arsul Sani.

After thorough examination, the Court uncovered that Gerindra (Great Movement Party) acquired an additional 51 votes across 8 Polling Stations (TPS) in Sawai Village, North Seram District. This discrepancy is related to the relocation of the recapitulation venue and the recommendation of the sub-district election supervisory committee (panwascam) to conduct a recount. This relocation to the Central Maluku Regency KPU (General Election Commission) Office was confirmed by the Respondent's response and the statement from the Election Supervisory Board (Bawaslu).

In a separate matter concerning the alleged discrepancy of 42 votes raised by the Petitioner, the Court conducted a thorough examination of evidence presented by both parties at 9 TPS in Sawai Village. However, no evidence supporting this claim was found. This conclusion was reached as the total vote acquisition for the Gerindra amounted to 1,073 votes. "Therefore, based on this legal consideration, the Petitioner's claim is deemed legally unjustified," said Justice Arsul.

Data Comparison 

In another aspect, regarding the claim of additional votes for PDIP (Indonesian Democratic Party of Struggle) in 4 TPS, the Court observed, for example, a discrepancy of 4 votes in TPS 6 of Sawai Village. This discrepancy arose from a variance in the vote count between the evidence presented by the Petitioner (C. Result) and the Respondent (D. Result). Justice Arsul noted that this finding aligns with evidence submitted by the Relevant Party, indicating discrepancies in vote acquisition at the TPS and sub-district levels. Electoral law provides a corrective mechanism for such discrepancies at the recapitulation level, as stipulated in Article 16 paragraph (1) of PKPU (General Election Commission Regulations) No. 5 of 2024.

Therefore, the Court affirmed that vote additions are integral to the corrective process aimed at rectifying discrepancies in the parties' data. This stance is supported by Bawaslu's lack of objection during the vote counting recapitulation at the North Seram District level. Consequently, the Petitioner's claim of additional votes for PDIP in TPS 6 of Sawai Village, North Seram District, was deemed lacking substantiation and legal justification.

"Relating to the petition’s subject matter, [the Court] rejects the Petitioner’s petition in its entirety," said Chief Justice Suhartoyo as he read the Decision Resolution of this case.

Also read:

Perindo, Gerindra, PDI-P Dispute over Votes in Central Maluku 2

In the Preliminary Hearing held on Tuesday, April 30, 2024, the Petitioner outlined discrepancies in vote acquisition in several electoral districts, including North Seram District, West North Seram District, East North Seram District Kobi, and East North Seram District Seti. Therefore, the Petitioner requested the annulment of KPU Decree No. 360 of 2024 for Central Maluku District 2. In the petitum, the Petitioner urged the Court to establish the accurate vote acquisition for the allocation of seats in the Regency/City DPRD as follows: for North Seram District, Gerindra secured 2,198 votes, PDIP acquired 927 votes, and Perindo obtained 853 votes; for West North Seram District, PDIP garnered 961 votes and Perindo secured 821 votes; for East North Seram District Kobi, PDIP garnered 1,025 votes and Perindo acquired 230 votes; for East North Seram District Seti, PDIP secured 259 votes and Perindo garnered 1,270 votes.

Also read:

KPU Denies Perindo’s Vote Margin in Central Maluku 2

Author: Sri Pujianti.

Editor: Nur R.

Translator: Naomi Andrea Zebua/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 | 19:02 WIB 30