Vote Acquisition Unchanged, Court Rejects PKB's Petition for South Papua Province
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A ruling hearing for the 2024 legislative election results dispute was held by nine constitutional justices in the plenary courtroom, Friday (6/7/2024). Photo by MKRI/Teguh.


JAKARTA (MKRI) — The Constitutional Court (MK) rejected the 2024 legislative election results dispute of South Papua Province petitioned by PKB (National Awakening Party). The Ruling Hearing was held on Friday, June 7, 2024 in the Plenary Courtroom.

In legal considerations of Decision No. 267-01-02-35/PHPU.DPR-DPRD-XXII/2024, Constitutional Justice Guntur M. Hamzah stated that the Court had compared the data based on evidence on Regency/City DPRD (Regional Legislative Council) D-Result Form, PKB obtained 575 votes and PSI (Indonesian Solidarity Party) obtained 190 votes, while based on evidence submitted by the Petitioner, PKB obtained 675 votes and PSI obtained 90 votes.

"Based on the evidence and facts in the hearing, regarding the Petitioner’s argument that lost 100 votes in Koroway Buluanop District, the Court does not believe that PKB votes were lost, in fact PKB votes increased from PSI. So, the Court can understand the basis for conducting 2 (two) plenaries at the district level due to changes in the vote acquisition that were not in accordance with the Asmat Subdistrict plenary results based on the evidence on Subdistrict/District D-Result Form and Regency/City D-Result Form,“ explained Constitutional Justice Guntur M. Hamzah.

Furthermore, the Petitioner continued by highlighting the Court's verification process, after the Court conducted verification based on the evidence submitted between the Petitioner and the Respondent, and the evidence submitted by Elections Supervisory Body (Bawaslu) based on the Official Record and Recapitulation Certificate of Regency/City DPRD D-Result Form dated February 19, 2024, the Court is convinced of the validity of the evidence submitted by the Respondent and Bawaslu due to similarities in the vote acquisition. Furthermore, regarding the Petitioner's evidence attaching D-Result Form of 9 Districts in the electoral district of Asmat Regency 3 for the election of the 2024 Regency DPRD without attaching the Official Record and Recapitulation Certificate, the Court did not obtain confidence regarding the Petitioner's vote acquisition, when the votes were obtained, but upon examining the results acquisition between the evidence of the Petitioner, Respondent, and Bawaslu, it has been found to have the same amount. Therefore, based on the evidence and legal facts revealed in the hearing, the Court did not obtain confidence in the truth of the Petitioner's argument.  Additionally, regarding the truth of the two plenary sessions conducted at the district level, the Court is convinced of the truth of this matter. However, the Court did not find evidence that this resulted in a reduction in the Petitioner's vote acquisition.

According to the Court, based on the legal facts above, it has been proven that there was no reduction in the Petitioner's votes by 373 votes in Ayip District and 100 votes in Koroway Bulunap District. However, there has been a correction in the determination of the election results data in Asmat Regency based on the recommendation of the South Papua Bawaslu, which was then documented by the Regency D-Result Form dated March 17, 2024. Therefore, the existence of the Regency D-Result Form dated March 17, 2024, is in accordance with the procedures for vote counting as stipulated in the regulations.

Furthermore, after the Court examined the Petitioner's evidence in the form of D-Result Form of 9 Districts in the electoral district Asmat Regency 3, it was found that it did not include Official Record and Recapitulation Certificate, thus its authenticity is unknown. Conversely, based on the evidence from the Respondent and Bawaslu, there is no difference in the Petitioner's vote acquisition.

Also read:

PKB Challenges DPRD Election in South Papua Asmat 3 

KPU: Petitioner and KPU’s Data in South Papua Align

Asmat Regency KPU Member Reveals Democrat Witness’ Objection 

Previously, the PKB filed the 2024 election results dispute of South Papua Province to the Court, which affected the seat acquisition of legislative candidates for South Papua Province in the electoral district Asmat Regency 3. The Petitioner for case No. 267-01-01-35/PHPU.DPR-DPRD-XXII/2024 represented by Subani, stated that there were two plenary sessions held by the General Elections Commission (KPU) in Asmat Regency, with the first plenary session taking place on Saturday, March 9, 2024. From that plenary session, the Petitioner received a total of 1922 votes. The Petitioner argued that from the results of the second plenary session, there was an addition of 373 votes for NasDem (National Democratic Party), which originally received 424 votes in the first plenary session but changed to 797 votes in the second plenary session. Similarly, there was an addition of 100 votes for the PSI, which originally received 896 votes in the first plenary session but changed to 996 votes in the second plenary session.

In its petitum, the petitioner requested the Court to annul KPU Decree No. 360 of 2024 it pertains to the electoral district as follows: Asmat 3 (Three) for the election of Asmat Regency DPRD candidates; To determine the correct vote count according to the Petitioner for the election of Asmat Regency DPRD candidates in the electoral district of Asmat Regency 3, to be a total of 1,922 votes. (*)

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.

 


Friday, June 07, 2024 | 11:18 WIB 36