Gerindra's Petition in North Maluku Electoral inadmissible

The Petitioner's Legal counsel Suhono and Maydika Ramadani, attending the ruling hearing on Legislative PHPU Members of the DPR RI, Provincial DPRD, Regency/City DPRD of North Maluku Province in 2024, on Friday (7/6/2024) in the Plenary Courtroom. Photo by MKRI/Ifa.

JAKARTA, MKRI – The Constitutional Court (MK) rejected the petition for case No.136-01-02-32/PHPU.DPR-DPRD-XXII/2024 on the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute. The case was petitioned by Gerindra (the Great Movement Party) for the electoral district of North Halmahera District 1.

“In the main petition, declaring that the petition of the Petitioner regarding the filling of the membership of the House of Representatives of North Maluku and the filling of the membership of the DPRD of North Halmahera Regency in North Halmahera Constituency 1 cannot be accepted, rejecting the petition of the Petitioner regarding the filling of the membership of the DPRD of North Maluku Province in North Maluku Constituency 1,” said Chief Justice Suhartoyo alongside the other eight constitutional justice, in the Plenary Session Courtroom, on Friday, June 07, 2024.

In the Court's legal reasoning, Constitutional Justice Ridwan Mansyur explained, regarding the petition along the filling of the membership of the the House of Representatives (DPR) in the North Maluku Electoral District, the Court found that the Petitioner did mention the TPS where the alleged violations and fraud occurred. However, the Petitioner did not elaborate on the details of how the violation occurred and its effect on the results of the Petitioner's vote.

In its petitum, the Petitioner requested that the Court order the KPU to conduct a re-voting in South Halmahera Regency, which consisted of 30 sub-districts. However, the Court found that in the petition, the Petitioner only argued for 17 sub-districts. This shows that there is a discrepancy between the posita and petitum.

Thus, the petition as far as it relates to the election of members of the DPR of North Maluku Constituency is obscure or vague. The Court also declared the petition relating to the election of members of the North Halmahera Regency DPRD Dapil 1 inadmissible.

The Court found legal facts that the petition related to PHPU of North Maluku Regency DPRD member in North Halmahera I constituency, was actually about the difference in votes in North Halmahera Regency, not North Maluku. This application becomes obscure or vague because it does not meet the requirements of Article 75 of the Constitutional Court Law and Article 11 paragraph (2) letter b No. 4 and 5 of Constitutional Court Regulation No.2 of 2023.

Meanwhile, the Court found that in the North Maluku Provincial DPRD election Dapil 1, Gerindra's witness had signed the model D form. Evidence from Bawaslu showed that there were no objections or violations related to the Garuda (Indonesian Guard of Change Party) votes at the recapitulation at the Jailolo District level.

According to the Court, the Petitioner also did not explain and describe in detail which TPS and how the difference of one vote for the Garuda Party occurred. The Petitioner only argued that there was a difference of one vote for the Garuda Party in 102 TPS located in Jailolo Sub-district. However, determining the locus of the TPS where the difference in votes occurred will help the Court explore whether or not the Petitioner's argument is true.

Thus, the Court does not believe that there have been legal issues affecting the vote acquisition of the Garuda Party as argued in the petition. Therefore, the petitioner's argument regarding the addition of one vote for the Garuda Party in Jailolo Sub-district is unreasonable according to the law.

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Gerindra's Petition in North Maluku Electoral inadmissible