Obscure Locus, NTB DPD Candidate's Vote Reduction Claim Rejected

Petitioner’s Legal Counsel, Suhardi, while attending the Ruling Hearing on the 2024 Election Dispute (PHPU) for the Regional Representatives Council (DPD) of Nusa Tenggara Barat (NTB) on Friday (6/7) Province in the Plenary Courtroom of the Constitutional Court (MK). Photo by MKRI/Ifa.

JAKARTA (MKRI) — The candidate Number 6 for the Regional Representatives Council (DPD) from the Electoral District (Dapil) of Nusa Tenggara Barat (NTB), TGH. Lalu Gede Muhamad Ali Wirasakti Amir Murni, submitted evidence of C1 from several villages in Sekotong Subdistrict and West Lombok Regency. However, the Constitutional Court (MK) faced difficulty in deciphering the evidence due to an obscure locus and an unspecified level at which the alleged vote reduction occurred.

This is one of the legal considerations made by the Court in Decision No. 05-18/PHPU.DPD-XXII/2024, read by Deputy Chief Justice, Saldi Isra. The Ruling Hearing on the 2024 Election Dispute (PHPU) for DPD Members was held on Friday, June 6, 2024.

Subsequently, the Court deliberated on the petitioner's argument regarding the requirements for DPD member candidates. Referring to Court Decision No. 30/PUU-XVI/2018, the petitioner linked it to the candidacy requirements for DPD members. However, the true essence of DPD's existence as a constitutional organ is to represent regions and advocate for both regional aspirations and national interests. Moreover, Deputy Chief Justice Saldi continued that its existence serves as a balance based on the principles of checks and balances and the postulate of balancing national and regional interests. Hence, the petitioner's argument regarding the DPD member candidate requirements associated with the Court Decision is inaccurate. Deputy Chief Justice Saldi emphasized that the decision primarily prohibits political party officials from becoming DPD members, rather than testing domicile requirements for DPD members.

"Thus, the allegation of administrative violation of the nomination of DPD member candidate on behalf of Mirah Midadan Fahmid, Number 11, in fulfilling the requirements for DPD NTB member candidate is legally unjustified," stated Deputy Chief Justice Saldi.

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DPD NTB Candidate Calls for Disqualification of Ineligible Contenders

In the previous hearing, the Petitioner requested the annulment of the General Election Commission (KPU) Decree No. 360 of 2024 on the vote acquisition for DPD candidate Mirah Midadan Fahmid, Number 11. This was due to violations occurring during the DPD NTB election process, leading to the disqualification of the DPD candidate Mirah Midadan Fahmid, Number 11, since the beginning of the candidacy. It is alleged that the individual, in meeting the requirements for DPD NTB candidacy, was registered as a voter outside the relevant electoral district.

Moreover, the Petitioner alleged that the votes were acquired under irresponsible grounds, citing numerous correction marks on the recapitulation results in Mirah Midadan Fahmid's vote count results. In relation to this argument, the Petitioner presented one example of the vote tally outlined in Exhibit D. In West Lombok Regency, Mirah Midadan Fahmid allegedly acquired 36,944 votes, with her final tally reaching 265,246 votes. Meanwhile, the Petitioner acquired 18,944 votes in the same area, resulting in the Petitioner's final result being only 265,126 votes.

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Obscure Locus, NTB DPD Candidate's Vote Reduction Claim Rejected