Recount in Two Polling Stations for DPRD Election in Sintang Regency 5

Yunico Syahrir and Yustinus Bianglalu as Petitioner's legal counsel in Case No. 284-01-02-20/PHPU.DPR-DPRD-XXII/2024 attended the ruling hearing in the Plenary Courtroom of Constitutional Court. Photo by MKRI/Teguh

JAKARTA, MKRI – The Constitutional Court (MK) instructed the KPU (General Election Commission)  as the Respondent in Case Number No. 284-01-02-20/PHPU.DPR-DPRD-XXII/2024 for the 2024 DPRD (Regional Legislative Council) election results dispute, Sintang Regency Electoral District 5. The case was carried out by re-voting (PSU) at polling station (TPS) 02 Nanga Tekungai Village, Serawai District and polling station 02 Deme Village, Ambalau District. The PSU was due to the fact that there were voters who were not entitled to exercise their voting rights at the two polling stations. This case was filed by Gerindra (the Great Movement Party).

“In order to guarantee and protect the purity of the constitutional rights of voters and to maintain the principles of democratic elections based on the principles of direct, general, free, secret, honest, and fair, the Court is of the opinion that a re-voting must be carried out at TPS 02 Nanga Tekungai Village, Serawai Subdistrict and TPS 02 Deme Village, Ambalau Subdistrict,” said Constitutional Justice Daniel Yusmic P Foekh in a hearing to pronounce the decision in the Plenary Session Room of the Constitutional Court, Central Jakarta on Friday, June 06, 2024.

In the Court's legal considerations, Constitutional Justices Daniel Yusmic P. Foekh explained that there were people who had passed away as evidenced by death certificates included in the Final Voters List (DPT) at the two TPS. In fact, there are signatures on behalf of the deceased people, namely Fransiskus Hermanto Totori at TPS 02 Nanga Tekungai Village and Suhkuk at TPS 02 Deme Village in the voters' attendance list at the TPS.

Bawaslu (Elections Supervisory Body) of Sintang Regency has also issued a decision stating that the reported party was proven to have committed election administration violations related to the DPT that included voters who had passed away. The local KPU followed up on Bawaslu's decision by giving warning sanctions to the Serawai Subdistrict Election Committee (PPK), Nanga Tekungai polling committee (PPS), and polling station working committee (KPPS) 02 Nanga Tekungai Village as well as Ambalau PPK, Deme PPS, and KPPS TPS 02 Deme Village.

In the hearing, the Bawaslu of Sintang District considered a re-vote but did not recommend it because it exceeded the time limit.  Therefore, the Court ordered a re-vote at both TPS within a maximum of 30 days after this decision was pronounced and determined the results without the need to report to the Court, said  Constitutional Justices Daniel Yusmic P. Foekh.

In addition, the Court also ordered the KPU and Bawaslu to supervise and coordinate in the implementation of this decision. In addition, the Court ordered the Indonesian National Police and its ranks, especially the West Kalimantan Regional Police and the Sintang Resort Police to secure the re-voting process in accordance with their authority. 

In the Decision pronounced by Chief Justice Suhartoyo, the Court grants the Petitioner's request in this case in its entirety. Due to the PSU, the Court canceled KPU Decree No. 360 of 2024 insofar as it related to the vote acquisition of candidates for DPRD Sintang Regency Dapil Sintang 5 and was subsequently determined after the PSU was carried out.

“[The Court] adjudicated, relating to the petition’s subject matter, to grant the Petitioner’s petition entirety,” said Chief Justice Suhartoyo alongside the other eight constitutional justices.

Read Also: 

Gerindra’s Witnesses Reveal Voter Impersonation in Sintang Regency

KPU Denies DPT Manipulation in DPRD Election of Sintang 5

Gerindra: DPT for Sintang Regency 5 DPRD Manipulated

For information, the Petitioner argued that the difference of 13 votes in favor of the Democratic Party was due to violations of the purity of voters' votes and the principle of honesty and fairness in the 2024 Election, especially by KPPS officers of TPS 002 Nanga Tekungai Village. According to the Petitioner, there were 15 ballots used by unauthorized voters, including one deceased person, 10 people were absent, two underage voters, and two active voters.

Author  : Mimi Kartika
Editor   : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator     : Siti Nurhaliza/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.

Friday, June 07, 2024 | 11:48 WIB 22