The Petitioner’s legal counsel Maya Indrasari taking a selfie before a ruling hearing for the 2024 legislative election results dispute, Friday (6/7/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) has partially granted the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute petition for case No. 105-01-18-01/PHPU.DPR-DPRD-XXII/2024 on Friday, June 7, 2024. The case was petitioned by the Nanggroe Aceh Party (PNA) on the election of Aceh Regency/City Legislative Council (DPRK) members for East Aceh in electoral district East Aceh 4. The Court ordered a recount at 16 polling stations (TPS) across three subdistricts. The ruling was delivered by Chief Justice Suhartoyo in the plenary courtroom.

“[The Court] grants the Petitioner’s petition in part, declares the election results of the DPRK candidates for East Aceh in electoral district East Aceh 4 at 16 polling stations in 3 subdistricts to be recounted,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

The Court found discrepancies in the vote counts of the Petitioner and Relevant Party based on a comparison of the C-result form, the C-result copy, and the subdistrict D-result form as well as the legal facts revealed during the hearings. Therefore, to ensure legal certainty and justice in the DPRK election in East Aceh 4, the Court deemed a recount necessary at the 16 polling stations.

The polling stations requiring a recount are in Pante Bidari Subdistrict: TPS 2 of Blang Seunong Village, TPS 3 of Pante Panah Village, TPS 4 of Pante Rambong Village, TPS 1 and TPS 2 of Meunasah Teungoh Village, TPS 1 of Paya Demam Lhee Village, TPS 1 of Grong Grong Village, TPS 1 and TPS 2 of Keude Baro Village, TPS 4 of Putoh Sa Village, TPS 1 of Matang Perlak Village, and TPS 2 of Buket Kareng Village; in Madat Subdistrict: TPS 2 of Matang Keupula Lhee Village, TPS 1 of Rambong Lop Village, and TPS 3 of Bintah Village; and in Simpang Ulim Subdistrict: TPS 6 of Bantayan Village.

Pante Bidari Subdistrict

Justice Enny Nurbaningsih, delivering the Court’s legal considerations, noted that a comparison of the C-result form from the Respondent (KPU) and the C-result copy from the Petitioner, Relevant Party, and Bawaslu (Elections Supervisory Body) revealed that the vote counts for PPP (United Development Party) were consistent across all forms, except at TPS 1 of Meunasah Teungoh Village, where discrepancies were found in the Petitioner’s C-result copy. A comparison of the forms at the subdistrict level showed consistent counts across the forms held by all parties, though the totals differed on the C-result form and C-result copy.

The Court noted that the changes in vote counts were not accompanied by explanations, leading to uncertainty about the true vote counts. This uncertainty affected the vote counts for the polling stations in Pante Bidari Subdistrict, justifying the Petitioner’s claim that there were discrepancies in the vote counts. Therefore, there was uncertainty in the votes for the Petitioner and other parties in the East Aceh DPRK in East Aceh 4. As such, the Court considered the Petitioner’s allegation of vote changes was legally grounded.

Madat Subdistrict

For Madat Subdistrict, the Court’s comparison of the C-result form and its copies showed consistent vote counts for PPP at TPS 2 of Matang Keupula Lhee Village. However, discrepancies were found at TPS 1 of Rambong Lop Village and TPS 3 of Bintah Village based on the Petitioner’s C-result copy and the Respondent’s C-result form as well as the Relevant Party’s and Bawaslu’s C-result copy.

The subdistrict D-result forms from the Petitioner, Respondent, and Relevant Party showed that PPP’s votes in the 19 polling stations in Madat Subdistrict were identical and as argued by the Petitioner. However, the number differed from the C-result form and its copies.

Again, the unexplained changes in vote counts led to the Court’s doubt of the certainty of the true vote count at TPS 2 of Matang Keupula Lhee Village, TPS 1 of Rambong Lop Village, and TPS 3 of Bintah Village. Therefore, there was uncertainty in the votes for the Petitioner and other parties in the East Aceh DPRK in East Aceh 4. As such, the Court considered the Petitioner’s allegation of vote changes was legally grounded.

Also read:

Feeling Cheated by PPP over Vote Transfer, PNA Challenge KPU to Court

KPU Confirms No Vote Count Errors in East Aceh 4

PNA Witness Reveals Vote Inflation for PPP in East Aceh District 4

Simpang Ulim Subdistrict

Lastly, the Court addressed the Petitioner’s claim of Simpang Ulim Subdistrict. According to the Court, after comparing the Petitioner’s C-result Respondent and its copies from the Petitioner, Relevant Party, and Bawaslu, it was found that the PPP’s votes at TPS 6 of Bantayan Village were 52. The number of votes was consistent across all C-result forms and its copies owned by the parties.

However, the Court found that after comparing the subdistrict D-result forms from all parties, PPP’s votes for TPS 6 of Bantayan Village were 53, different from the 52 votes on the C-result form and its copies. This change occurred without explanation, causing uncertainty.

The Court could not confirm the correct vote count for TPS 6 of Bantayan Village, Simpang Ulim Subdistrict. Therefore, there was legal uncertainty regarding the vote results for DPRK Aceh Timur electoral district 4. Thus, the Petitioner’s claim regarding the vote count changes was legally justified.

Author              : Adam Ilyas
Editor                : Lulu Anjarsari P.
PR                    : Tiara Agustina
Translators        : Dzaki Difa Al Hadiid/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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