The Petitioner’s legal counsel Gatot Priadi, attending a ruling hearing for the 2024 legislative election results dispute of North Sumatera Province on Friday (6/7/2024) in the Plenary Courtroom. Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) rejected the 2024 legislative election results dispute for case No. 190-01-13-02/PHPU.DPR-DPRD-XXII/2024 petitioned by PBB (Crescent Star Party). The Ruling Hearing was held on Friday, June 7, 2024 in the Plenary Courtroom. The Hearing was presided over by Chief Justice Suhartoyo alongside the other eight constitutional justices.

In its legal considerations, delivered by Constitutional Justice Daniel Yusmic P. Foekh, the Court asserted that regarding the Petitioner's argument in the posita stating the vote margin of 52 votes has been detailed by the Petitioner in several polling stations (TPS) in Simpang Kopi, Kuala Tanjung, and Tanjung Gading Villages, Sei Suka Subdistrict, and Tanjungparapat Village, North Sumatra Province.

While the Court examined the response from the General Elections Commission (KPU) as the Respondent stating that the incidents in several TPS resulting in invalidated ballots were not due to tears in the folds of the ballots, but rather due to several reasons, namely, ballots being marked more than once for different party pictures, ballots not being marked at all, and ballots being marked outside the party or legislative candidate's picture box.

"Thus, the Petitioner's argument regarding tears in the folds of the ballots is not legally grounded,” said Constitutional Justice Daniel Yusmic P. Foekh.

According to the Court, regarding the Petitioner's argument about ballots not being marked at all and ballots being marked outside the party or legislative candidate's picture box. "Thus, the Petitioner's argument about tears in the folds of the ballots is not legally grounded," he stated.

Then, the Petitioner also argued that 100% of the ballots were used at TPS 16 and 19 in Kuala Tanjung Village. The Court then meticulously examined the evidence presented by the Respondent and found that for TPS 16, the detailed breakdown was a total of 218 Final Voters List (DPT), thus the total number of ballots, increased by 2%, amounted to 223 votes.

Meanwhile, at TPS 19, the received ballots, including the reserve 2% ballots, amounted to 279, and the used ballots were 226, leaving 53 unused ballots. Therefore, the Petitioner's argument and the testimony of the Petitioner's witness, Muhammad Abbas Sitorus, stating that the votes of three deceased individuals had been used due to the complete exhaustion of votes in both TPS, were proven untrue. This is because there were still unused ballots in both TPS, which led the Court to believe that it cannot be ascertained whether the votes of the three deceased individuals were indeed misused.

"Therefore, the Petitioner's argument regarding the names of three deceased individuals in the DPT and the misuse of their names is not legally grounded. Hence, based on all the considerations mentioned above, the Court deemed the Petitioner's petition is not legally grounded in its entirety," Constitutional Justice Daniel Yusmic P. Foekh emphasized.

Also read:

Ballots Damaged, PBB Asks for Revote in Batubara 6 

KPU: No Torn Ballots Found in Simpang Kopi 

PBB’s Expert Mentions Ballot Validity Determination Lies with Voters 

In its petition, the PBB filed a petition for the 2024 legislative election results dispute, questioning the decrease in its votes in Simpang Kopi Village, Sei Suka Subdistrict, Batubara Regency.

The Petitioner argued that the decrease in the Petitioner's votes in Kuala Tanjung Village, Sei Suka Subdistrict, Batubara Regency occurred in the following TPS: TPS 01 with 1 vote, TPS 02 with 2 votes, TPS 03 with 2 votes, TPS 09 with 6 votes, and TPS 21 with 1 vote. The decrease in the Petitioner's votes was due to errors by the Respondent or the officers of the Polling Station Working Committee (KPPS) in counting the votes, which invalidated the Petitioner's votes due to tears in the folds of the ballots. (*)

Author  : Utami Argawati
Editor   : Lulu Anjarsari P.

PR : Fauzan Febriyan
Translator     : Intana Selvira Fauzi/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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