The Court Instructs Final Voters List Updating for Re Vote in 31 TPS in PT Torganda's Plantation Area

The Ruling hearing for Legislative election results disputes for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) on Thursday, (6/6/2024) in the Plenary Courtroom. Photo by MKRI/Teguh.

JAKARTA, MKRI – The Constitutional Court (MK) instructed KPU (General Elections Commission ) as respondent to conduct re-voting (PSU) in 31 TPS located in PT Torganda's plantation area in Riau Province. The case No. 247-01-04-04/PHPU.DPR-DPRD-XXII/2024 was petitioned by Golkar (Party of Functional Groups).

Chief Justice Suhartoyo stated “In the main petition, grant the petition of the Petitioner in part. The results of the Riau Provincial DPRD vote in Riau Electoral District 3 and the Rokan Hulu Regency DPRD in Rokan Hulu Electoral District 3 must be re-voted after updating the Final Voters List (DPT),” on Thursday, June 06, 2024.

The Court ordered the PSU to be carried out at 31 polling stations (TPS), namely TPS 10, TPS 11, TPS 13, TPS 14, TPS 15, TPS 16, TPS 17, TPS 18, TPS 19, TPS 20, TPS 21, TPS 22, TPS 23, TPS 24, TPS 25, TPS 26, TPS 27, TPS 28, TPS 29, TPS 30, TPS 31, TPS 32, TPS 33, TPS 34, TPS 40, TPS 41, TPS 42, TPS 43, TPS 45, TPS 46 and TPS 47 located in North Tambusai Village, North Tambusai District, Rokan Hulu Regency. DPT data updating must be done without adding voters outside the DPT at the 31 TPS and voters who have voted outside the TPS.

The re-voting shall be carried out within a maximum period of 45 days after this ruling is declared, and the results shall be determined without reporting to the Court. The Court also ordered the KPU and Bawaslu to coordinate in the implementation of this verdict. Furthermore, the Indonesian Police, especially the Riau Police and the Rokan Hulu Police, will secure the re-voting process and recount the ballots in accordance with their authority. 

In the Court's legal considerations, Constitutional Justice Daniel Yusmic P Foekh said that the KPU stated that the low number of users of voting rights was due to the layoff (PHK) of PT Torganda employees. The KPU said in the hearing that there were 4,753 employees of PT Torganda who were laid off as of November 2023, but has not submitted evidence related to the layoffs.

The Court held that the KPU could not show relevant evidence regarding the number of employees who were laid off. The unclear number of employees who were laid off before the election on February 14, 2024 caused a discrepancy between the DPT at 31 TPS in PT Torganda's plantation area and the real condition of employees who could exercise their right to vote after layoff.

This had an impact on the non-delivery of Form C. Notification-KPU to 5,272 voters in 31 TPS in the PT Torganda plantation area. As a result, out of 7,462 voters in the DPT, only 2,086 exercised their right to vote, with the result that 5,376 voters were absent.

"The Court does not have confidence in the exact number of PT Torganda employees who were laid off compared with the number of Forms C. Notification-KPU that were not delivered to voters. This is important because the Respondent and Related Party II claim that the non-distribution of 5,272 Forms C. Notification was caused by the layoff of PT Torganda employees,"said Constitutional Justice Daniel Yusmic P. Foekh.

Therefore, the Court does not have confidence in the veracity of the low voter turnout in 31 TPS due solely to the layoff of PT Torganda employees. To ensure the use of voters' constitutional rights, the Court ordered a re-voting by first updating the voter data to obtain the latest and valid data on the number of PT Torganda employees who were laid off at the 31 TPS.


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For information, the Court has issued an Excerpt of Decision on May 21, 2024 for this case. In the decision, the Court stated that the Petitioner's request regarding the vote acquisition of the Rokan Hulu Regency DPRD candidate for Rokan Hulu District 5 could not be accepted.

In his petition, the Petitioner argued that was active voter mobilization in the PT Torganda area aimed at securing victory for specific candidates. The Petitioner asserted that the Golkar Party should have garnered 72,571 votes, indicating a disparity of 3,137 votes from the count of 72,571 votes determined by the KPU. This variance stemmed from the low voter turnout in the DPT in Tambusai Utara Village, Tambusai Utara Subdistrict, attributed to voters not receiving Form C notifications from the polling station working committee (KPPS) and the considerable distance of voters' residences from the polling stations (TPS).


Author  : Mimi Kartika
Editor   : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator     : Siti Nurhaliza/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 | 19:54 WIB 26