The Petitioner’s legal counsel Dodi Boy Fenaloza while attending the Court’s verdict at a ruling hearing for the 2024 legislative election results dispute of Province/Regency, Friday, (6/6/2024). Photo by MKRI/Ifa.

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JAKARTA, MKRI – The Constitutional Court (MK) delivered during a hearing No. 66-01-04-30/PHPU.DPR-DPRD-XXII/2024  for the 2024 DPR (House of Representatives) election results dispute. The case was petitioned by Golkar (Party of Functional Groups) for the electoral district of West Sulawesi Electoral District. The arguments presented are not well-founded according to the law in their entirety.

“In the main petition, reject the Petitioner's petition in its entirety,” said Chief Justice Suhartoyo, alongside the other eight constitutional justices, in a verdict pronouncement session in the Plenary Session Courtroom, on Friday, June 07, 2024.

In the Court's legal reasoning, Constitutional Justice Daniel Yusmic P Foekh said that the Court found the legal fact that voters who used electronic ID cards were registered in the Special Voters List (DPK) in accordance with the special voter attendance list of TPS 02 Mirring on behalf of Muhammad Saleh. The Court did not obtain evidence showing that the voter received a ballot for the election of the House of Representatives of West Sulawesi. The results of the supervision of the Supervisor of TPS 02 Mirring Village also did not find any election violations or special events.

Then, Bawaslu's decision stated that the polling station working committee (KPPS) TPS 01 Kulu Village was not legally proven to have violated the election procedures, procedures, or mechanisms. In fact, one of the voters at the TPS who was registered in the DPK on behalf of Nirwana was indeed a native of Kulu Village, Lariang District, Pasangkayu Regency.

The decision of the Pasangkayu Regency Bawaslu stated that the report related to the allegation that 10 voters in the DPK category who were not residents of Pasangkayu Regency used their voting rights at TPS 01 Pasangkayu Village could not be proven further.  Thus, the 10 voters are true Pasangkayu residents who are eligible to vote in the Pasangkayu Regency area.

The Court considers that there is no need for a re-vote at TPS 16 Patampanua Village, even though Bawaslu suggested a correction because there were DPK voters from Gowa Regency, South Sulawesi, who voted for the presidential, DPR , and DPRD elections. This is because a re-vote would not achieve significant votes, and the principle of significance is the benchmark for conducting a re-vote.

Read Also: 

Golkar Asks for Revote in in West Sulawesi, Alleging Violations

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In his petition, the Petitioner argued that there were election violations at 36 TPS in several areas such as Central Mamuju, Polewali Mandar, Mamasa, Pasang Kayu, and Mamuju Regencies. The violations included voters who were not registered in DPT, DPTb, and DPK but exercised their right to vote with electronic ID cards whose addresses did not match. For example, at polling station 4 Batetangnga Village, Binuang Subdistrict, Polewali Mandar Regency, there was a statement that voter participation reached 100 percent, even though the DPT recorded four voters died and one voter was migrating to Kalimantan.

In addition, there was a violation at TPS 1 Kelurahan/Village Talopak, Tabulahan Sub-district, Mamasa Regency, where 23 people with disabilities cast their ballot, even though there was no data on voters with disabilities at that polling station. According to the Petitioner, it is very reasonable for the law to conduct re-voting in 36 TPS in five districts for the election of the DPR West Sulawesi Election.(*)

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.

 

 

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