The Court Grants DPD Maluku Candidate Withdrawal Petition

JAKARTA (MKRI) —— The Constitutional Court (MK) granted the withdrawal petition of Nono Sampono, a candidate for DPD (Regional Representative Council) from the electoral district (dapil) of Maluku Province. The Ruling Hearing on the 2024 DPD Election Dispute (PHPU) regarding the withdrawal petition was held at the Court on Thursday, June 6, 2024.

The Decision No. 09-31/PHPU.DPD-XXII/2024, announced by Justice Ridwan Mansyur, stated that on Tuesday, May 28, 2024, the Court had scheduled an Examination Hearing to hear witness/expert testimonies. Through its legal counsel, the Petitioner filed a petition for withdrawal in the hearing, accompanied by a withdrawal letter dated May 28, 2024, regarding the PHPU withdrawal petition signed by the Petitioner's legal counsel, Elza Syarief.

Based on the legal facts presented, during the Justices' Deliberation Meeting on June 3, 2024, it was determined that the withdrawal of the case was legally justified. Consequently, the Petitioner is prohibited from re-submitting the original petition. The Chief Registrar has been instructed to return a copy of the petition files to the Petitioner.

“[The Court] adjudicating; to grant withdrawal of the Petitioner's petition; to declare the Petitioner's petition in Case No. 09-31/PHPU.DPD-XXII/2024 on the petition for annulment of KPU Decree No. 360 of 2024 ... as long as the votes acquired by members of the Maluku Province DPD are withdrawn," said Chief Justice Suhartoyo reading the decision of this case in the Plenary Courtroom, Jakarta.

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Nono Sampono Claims Fourth Position in the Election of DPD Members for the Maluku Electoral District

During the Preliminary Hearing on Tuesday, April 30, 2024, Nono Sampono (Petitioner) requested the annulment of KPU Decree No. 360 of 2024 regarding the filling in of DPD candidates for dapil of Maluku Province. Based on the C-1 calculation acquired from each TPS (polling station) in the sub-district, the Petitioner only acquired 806 votes, while the candidate for DPD member under the name of Mirati Dewaningsih (Relevant Party) acquired 1,265 votes, so there was a difference of 459 votes. The Petitioner explained that based on the total number of votes cast for the election of DPD candidates for Maluku Province, it was 1,035,047 votes. Based on the total vote acquisition, the Petitioner acquired 84,660 votes across Maluku Province.

Apart from the difference in vote acquisition, the Petitioner argued that there had been a decrease in the Petitioner's votes during the recapitulation of vote results at the regency level. One of it occurred in West Seram Regency, where the Petitioner should have acquired 2,433 votes, but only 1,804 votes were recorded in the recapitulation of vote count results at the regency level, so there was a difference of 629 votes.

Therefore, the Petitioner requested the Court to issue a decision to stipulate the vote results deemed correct by the Petitioner for filling the DPD membership for dapil of Maluku Province, identified as Nono Sampono acquired 85,713 votes and Mirati Dewaningsih acquired 85,261 votes; to stipulate that Nono Sampono acquired the largest number of votes with fourth place in the 2024 Maluku Province DPD Member voting election.

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The Court Grants DPD Maluku Candidate Withdrawal Petition