Aceh Party's Petition to Dispute Aceh 5 Electoral District Rejected for Court Rule Disobedience

Muntasir as Principal and Muhadir as legal counsel in Case No. 144-01-21-01/PHPU.DPR-DPRD-XXII/2024 attending the ruling hearing in the Plenary Courtroom of Constitutional Court. Photo by MKRI/Teguh

JAKARTA (MKRI) — The Constitutional Court (MK) dismissed case No. 144-01-21-01/PHPU.DPR-DPRD-XXII/2024 petitioned by Aceh Party related to the DPRD (Regional Legislative Council) election of North Aceh in Electoral District of North Aceh 5. In its ruling, the Court stated that the Petitioner did not have legal standing to file the petition due to contradictions in the letters submitted, which could not be verified since all letters and files of the case were signed by the General Chairperson and Secretary General of the Aceh Party DPP (Central Executive Board). The verdict was read out by Chief Justice Suhartoyo on Friday, June 7, 2024 in the plenary courtroom.

“[The Court] declares that the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

In its legal considerations, delivered by Constitutional Justice Arief Hidayat, related to the Petitioner’s legal standing, although it described as a political party participant in the 2024 Election, however according to the Court, due to the contradiction of letters submitted which could not be believed to be valid considering that all letters and files of the case were signed by the General Chairperson and Secretary General of the Aceh Party DPP, causing the Court failed to certain about the Petitioner’s legal standing in representing the Aceh Party to file a dispute over the 2024 legislative election results dispute.

In addition, the absence of the Chairperson and Secretary General during the hearing, either in person or online, despite having been properly summoned by the Court, is a form of disobedience to court orders issued for the judicial process. Such actions of the Petitioner can be categorized as an act of degrading the self-respect and legal justice institution respect in casu the Constitutional Court.

“Based on the aforementioned legal considerations, the Court cannot give legal standing to the Petitioner to file the a quo petition,” said Justice Arief.

Also read:

Aceh Party Concerns Over Election Results in North Aceh 5

Aceh Party Withdraws Petition, Candidate Refuses

Justices to Discuss Follow-up to Aceh Party’s Case

In the preliminary hearing on Monday, May 3, 2024, principal petitioners Muzakir Manaf and Kamaruddin Abubakar withdrew their petition. However, the Petitioner's legal counsel and the relevant candidate, Muntasir, stated that the withdrawal was false because the signature of the Aceh Party Secretary General was declared false.

The Panel Chair, Arief Hidayat, said that this matter will be reported to the Justice Deliberation Meeting (RPH) and the parties will be summoned in the next 1 - 2 days to decide whether the case will be continued or decided to be inadmissible.

In its petition, the Petitioner argued there was a margin of votes between the Petitioner version and those certified by the General Elections Commission.  The Petitioner claimed that there was additional invalid votes for the Aceh Party legislative candidate for North Aceh 5, number 2, Abdul Muthaleb, S.Sos, M.A.P, during the recapitulation at the Syamtalira Aron and Tanah Pasir Sub-districts levels. The additional votes caused Abdul Muthaleb's total votes increased from 2,924 (according to the C. Plenary Result and C. Copy Result) to 3,887 in Dapil 5, as stated in the D. Result of sub-district DPRK (Aceh Regency/City Legislative Council) form and D. Result of Regency/City DPRK.

Penulis            : Adam Ilyas
Editor              : Lulu Anjarsari P.
Humas            : Tiara Agustina

Translator     : Putri Ratnasari/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.


Friday, June 07, 2024 | 11:36 WIB 36