Ballots Not Signed, Court Orders Revote at One TPS in South Ternate

The Petitioner’s legal counsel Fahruddin Maloko attending a ruling hearing for the 2024 legislative election results dispute for North Maluku, Friday (07/06/2024) in the plenary courtroom. Photo by MKRI/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) has ordered a revote at TPS (polling station) 08 of Tabona Village, South Ternate Subdistrict for the election of Ternate City DPRD (Regional Legislative Council) members in electoral district Ternate City 2. This was announced at a ruling hearing for case No. 01-01-05-32/PHPU.DPR-DPRD-XXII/2024, petitioned by the National Democratic Party (NasDem).

“Relating to the petition’s subject matter, [the Court] grants the Petitioner’s petition in part, declares the vote acquisition for political parties and Ternate City DPRD candidates for electoral district Ternate City 2 at TPS 08 of Tabona Village, South Ternate Subdistrict must be revoted,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

The revote at TPS 08 of Tabona Village, South Ternate Subdistrict must be conducted within 21 days of this decision’s pronouncement. Subsequently, the General Elections Commission (KPU, Respondent) will integrate the revote results with the annulled vote acquisition for Ternate City DPRD for electoral district 2 and announce them according to laws and regulations without reporting back to the Court.

In its legal considerations, delivered by Constitutional Justice Saldi Isra, the Court stated that NasDem alleged negligence by the TPS 08 of Tabona Village polling station working committee (KPPS), which failed to sign 221 ballots, rendering them invalid. The unsigned ballots were discovered during the opening of the ballot boxes at TPS 08 of Tabona Village during the South Ternate Subdistrict recapitulation, based on an agreement by the election witnesses to match the C-result form and the C-result copy.

Consequently, with the consensus of the election witnesses, the South Ternate subdistrict election committee (PPK) declared all ballots without the KPPS chairperson’s signature invalid. As a result, 143 votes previously counted for NasDem at the polling station level were declared invalid by the KPU, being part of the 221 ballots deemed invalid due to the missing signature of the KPPS chairperson.

However, Bawaslu (Elections Supervisory Body) stated that the opening of ballot boxes due to protests from the representatives of 16 political parties participating in the election was an action that did not comply with applicable procedure. Bawaslu of North Maluku Province also recommended ethical violation penalty to the South Ternate PPK.

Bawaslu has followed up on the issue of the ballot papers not being signed by the KPPS chairman as an election criminal offense by referring it from the Ternate City Gakkumdu (integrated law enforcement) to the Ternate District Court. In the end, the Ternate District Court sentenced the defendant, Aisyah Kharie, to one year in prison and a fine of Rp10 million.

“The legal fact that almost all the ballots were invalidated because the KPPS chairman did not sign them can be classified as an intolerable action. This action, both directly and indirectly, has deprived citizens of their right to vote,” said Deputy Chief Justice Saldi Isra.

The Court believes that there has been a violation of citizens’ rights, especially for voters in casting their votes in the election. To safeguard and guarantee the rights of voters and election participants as well as to ensure election justice following the mandate of the 1945 Constitution, the Court deemed it necessary to conduct a revote after Bawaslu’s recommendation.

On the other hand, the other claim related to the election of DPRD members of West Halmahera Regency for electoral districts 1 and 2, the election of DPRD members of South Halmahera Regency in electoral district 3, and the election of DPRD members of Morotai Island Regency in electoral district 3 were legally unfounded.

Also read:

NasDem Challenges Election Result for North Maluku Electoral District

KPU Dismisses NasDem’s Allegations Regarding Ternate City Council Election Dispute as Exaggerated

Tabona Ternate Village Polling Station 08: Majority of Ballots Lack KPPS Chairman Signature

Author              : Mimi Kartika
Editor                : Nur R.
Translator         : Sedanti Anjali Putri/Yuniar W.

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 | 17:44 WIB 26