Vote Count Not Accurate, Court Instructs Recount at Two Subdistricts in Eastern Aceh 2
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The Petitioner’s legal counsel, Maya Indrasari (center), while attending the ruling hearing for the 2024 legislative election results dispute of Province/Regency of Aceh Province, on Friday, June 7, 2024 in the Plenary Courtroom of the Constitutional Court. Photo by MKRI/Ifa.


JAKARTA (MKRI) — The Constitutional Court partially grants Petition Case No. 121-02-22-01/PHPU.DPR-DPRD-XXII/2024 filed by Subki Tgk. Jek, Candidate for the Legislative Council in the Eastern Aceh Electoral District 2 from the Fair and Prosperous Party (PAS Aceh). In its decision, the Court deemed necessary a recount of the votes at all polling stations (TPS) located in the Subdistricts of East Peureulak and Ranto Peureulak concerning the vote acquisition for the candidate members of the Regency Legislative Council of Eastern Aceh 2. This ruling was announced by Chief Justice Suhartoyo, on Friday, June 7, 2024, in the Plenary Courtroom, Building 1 of the Court in Jakarta.


“The petition is partially granted, stating that the results of the vote acquisition for the candidate members of the East Aceh Regency Legislative Council in Eastern Aceh 2 at all TPS located in the Subdistricts of East Peureulak and Ranto Peureulak must be recounted,” declared Chief Justice Suhartoyo, accompanied by eight other Constitutional Justices.


Inadequacy in Vote Acquisition
In the legal considerations read by Constitutional Justice Enny Nurbaningsih, the Court noted that based on the matching performed by the Court between Form C.Results and Form D.Results in the East Peureulak Subdistrict, which consists of 20 villages and 44 TPS, there was a discrepancy in the vote acquisition in Form C.Results, which was used as evidence by the Petitioner, the Respondent, and Bawaslu.


The Court found legal facts in the evidence provided by the Petitioner in Form C.Results in the East Peureulak subdistrict that matched the evidence of the Respondent and Bawaslu, except for Village Seuneubok Teungoh TPS 1 (Form C.Results of the Petitioner and Bawaslu are the same, but the Respondent's Form C.Results are different).


Based on the aforementioned legal considerations, the Court summed up Form C.Results in the East Peureulak subdistrict and found legal facts that the vote acquisition for the Petitioner was 108 votes and for Muhammad Daud was 23 votes. The vote acquisition for the Petitioner differed from the claim made by the Petitioner, which was 104 votes, and from the statements of Bawaslu and the Respondent's answer, which was 110 votes. Additionally, the vote acquisition for Muhammad Daud, as counted by the Court, differed from the Respondent's answer of 238 votes and also from the statement of Bawaslu of 24 votes. Furthermore, there was a difference in votes between Form C.Results and Form D.Results in the name of Muhammad Daud as counted by the Court, amounting to 215 votes. This difference varied from Bawaslu's statement, which was 210 votes. The differences in several pieces of evidence presented by the Petitioner, Respondent, and Bawaslu at the TPS as considered above cause the Court to doubt the accuracy of the vote results in the East Peureulak subdistrict.

“Dengan demikian, Mahkamah tidak dapat menentukan jumlah suara yang benar untuk Pemohon. Oleh karena itu, demi mendapatkan kepastian hukum yang adil mengenai hasil pemilihan umum dan untuk melindungi hak konstitusional para pemilih, maka menurut Mahkamah perlu dilakukan penghitungan ulang surat suara di seluruh TPS yang terdapat di Kecamatan Peureulak Timur sepanjang berkenaan dengan perolehan suara calon anggota DPRK Aceh Timur Daerah Pemilihan Aceh Timur 2,” ujar Hakim Konstitusi Enny Nurbaningsih.

“Therefore, the Court cannot determine the correct number of votes for the Petitioner. Hence, to ensure legal certainty fairly regarding the general election results and to protect the constitutional rights of the voters, the Court finds it necessary to recount the votes at all TPS located in the East Peureulak subdistrict concerning the vote acquisition for candidate members of the Regency Legislative Council of Eastern Aceh 2,” stated Constitutional Justice Enny Nurbaningsih.

Doubts About Vote Counting in Ranto Peureulak
Furthermore, in addition to the issues in the East Peureulak Subdistrict, the Petitioner also raised concerns about the vote difference in the Ranto Peureulak subdistrict. According to the Court, based on the matching performed by the Court between Form C.Results and Form D.Results in the Ranto Peureulak Subdistrict, which consists of 23 villages and 74 TPS, there was a discrepancy in the vote acquisition in Form C.Results, used as evidence by the Petitioner, the Respondent, and Bawaslu.


The Court found legal facts based on the evidence of the Petitioner in Form C.Results in the Ranto Peureulak subdistrict that matched the evidence of the Respondent and Bawaslu, except for Village Beurandang TPS 1 (no evidence from Bawaslu), Village Buket Pala TPS 3 (Petitioner's evidence was 3, but recorded as 'two'), Village Seumali TPS 2 (no evidence from the Petitioner).


Based on the above legal considerations, the Court summed up Form C.Results in the Ranto Peureulak subdistrict and found legal facts that the vote acquisition for the Petitioner was 47 votes and for Muhammad Daud was 904 votes. The vote acquisition for Muhammad Daud differed from the claims of the Petitioner and the statement of Bawaslu, which was 901 votes. Thus, the difference in votes between Form C.Results and Form D.Results in the name of Muhammad Daud as counted by the Court was 59 votes, not 62 votes as claimed by the Petitioner and stated by Bawaslu. The differences in several pieces of evidence presented by the Petitioner, Respondent, and Bawaslu at the TPS as considered above cause the Court to doubt the accuracy of the vote results in the Ranto Peureulak subdistrict.


“Thus, the Court cannot determine the correct number of votes for the Petitioner. Hence, to ensure legal certainty fairly regarding the general election results and to protect the constitutional rights of the voters, the Court finds it necessary to recount the votes at all TPS located in the Ranto Peureulak subdistrict concerning the vote acquisition for candidate members of the Regency Legislative Council of Eastern Aceh 2,” firmly stated Constitutional Justice Enny Nurbaningsih.

Baca juga:

Also read :

PAS Candidate Dispute in East Aceh 2, Request for Vote Recount

KPU Dismisses PAS Aceh's Petition as Vague
Former Election Organizer Ranto Peureulak Reveals Vote Inflation for PAS Candidate


Previously, in the petition, the Petitioner alleged discrepancies in the vote acquisition which, according to the Petitioner, were correct with those determined by the Respondent (General Elections Commission - KPU). Based on the comparison of Form Model C Results - Regency Legislative Council and Form Model D Results of the Regency Legislative Council from two subdistricts in Electoral District 2, namely East Peureulak and Ranto Peureulak, there were vote differences or inflation favoring Legislative Candidate No. 5 from the Fair and Prosperous Party named Muhammad Daud by 77 votes. This addition of votes caused Legislative Candidate No. 1 (Petitioner) to lose a seat in the East Aceh Regency Legislative Council.

On the basis of the allegations presented, the Petitioner requested the Court to grant all petitions of the Petitioner, cancel the Decision of the KPU No. 360 of 2024, and order KPU to conduct a recount of the votes in the East Peureulak and Ranto Peureulak Subdistricts in the Eastern Aceh 2 or to establish the correct vote acquisition according to the Petitioner for filling membership of the East Aceh Regency Legislative Council in the Eastern Aceh 2.

Author : Adam Ilyas

Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Gabrielle K.W/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 | 16:29 WIB 24