The Petitioner’s legal counsel Ardiansyah attending a ruling hearing for the 2024 legislative election results dispute in the plenary courtroom, Friday (6/7/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The Constitutional Court (MK) granted part of the petition for case No. 151-01-10-20/PHPU.DPR-DPRD-XXII/2024 for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute on Friday, June 7, 2024. The case was petitioned by Hanura (People’s Conscience Party) for the Sekadau Regency DPRD election in the electoral district of Sekadau 3. The Court requested the General Elections Commission (KPU) as Respondent to compare Hanura’s votes on the C- result forms and the C-result copies.

“[The Court] adjudicated, relating to the petition’s subject matter, to grant the Petitioner’s petition in part,” said Chief Justice Suhartoyo alongside the other eight constitutional justices at the ruling hearing in the plenary courtroom.

The Petitioner raised concerns over a second recapitulation that had reduced its vote count. On February 20, the Belitang Hulu Subdistrict election supervisory committee (Panwascam) recommended to the Belitang Hulu Subdistrict election committee (PPK) to match the C-result copies with the Sirekap (KPU’s vote recapitulation information system) printouts. However, on February 21, Panwascam recommended opening the tally, C-result copies, and ballot boxes from all villages in Belitang Hulu Subdistrict for the regency/city DPRD election.

In its legal considerations, delivered by Constitutional Justice M. Guntur Hamzah, the Court explained that Bawaslu (Elections Supervisory Body) submitted evidence of a recommendation letter dated February 21, which differed from the evidence submitted by the Petitioner, Respondent, and Relevant Party. According to Sekadau Bawaslu, the PPK (Reported I) had recounted regency DPRD votes at 80 polling stations in 13 villages in Belitang Hulu Subdistrict, which constituted an administrative violation.    

Bawaslu’s decision was based on the principle that votes should be matched first, and if discrepancies or doubts were found, then a recount should be conducted. The Court found that Belitang Hulu PPK and Panwascam had not executed the second recommendation as required.

“This means that the Court does not have confidence in the truth or validity of the results of the vote recapitulation carried out by the Belitang Hulu PPK,” said Justice Guntur.

To ensure voter integrity in the electoral district, the Court ordered a cross-examination of Hanura’s votes for DPRD candidates in electoral district Sekadau Regency 3 based on the C-result forms and C-result copies. The Court partially granted the Petitioner’s petition by annulling the KPU Decree No. 360 of 2024 regarding vote counts for DPRD candidates in Sekadau 3. The cross-examination must be completed within 30 days and the KPU will finalize the correct vote acquisition without reporting to the Court.

The KPU and Bawaslu were instructed to supervise and coordinate the implementation of this decision. The National Police, particularly the West Kalimantan Regional Police and Sekadau Resort Police, were ordered to safeguard the process. The Court rejected the Petitioner’s petition for the rest and remainder.

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KPU Denies Illegal Double Recapitulation in Sekadau 3

Recapitulation in Belitang Hulu Subdistrict Leads to Vote Reductions for Several Parties

In the petition, the Petitioner claimed to be in the eighth position, thus entitled to a seat in the Sekadau Regency 3 DPRD based on the initial recapitulation on February 19. However, a significant reduction in the Petitioner’s votes dropped it to the ninth position, losing the seat.

Conversely, PDI-P (Indonesian Democratic Party of Struggle) benefited from the recount, gaining a second seat in Sekadau 3. The Petitioner felt disadvantaged by the recount, which it argued had not complied with laws and regulations.

Author              : Mimi Kartika
Editor                : Lulu Anjarsari P.
PR                    : Fauzan Febriyan
Translators        : 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.

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