Court Orders Re-vote of DPD Election in West Sumatera to Include Irman Gusman

The Petitioner’s legal counsels Aan Sukirman and Jordan Jonarto while attending a ruling hearing for the 2024 legislative election results dispute of West Sumatera Province, Monday (6/10/2024) in the plenary courtroom. Photo by MKRI/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) ordered the General Elections Commission (KPU) to conduct a re-voting for the 2024 Regional Representatives Council (DPD) election of West Sumatera Province and to include Irman Gusman (the Petitioner) as a candidate.

“For the Petitioner must announce honestly and openly about his identity including having been a prisoner through media that can be widely read by the public including voters, within a maximum of 45 (forty-five) days after the a quo Decision is pronounced and determine the correct vote acquisition as a result of the re-voting without the need to report to the Court,” said Chief Justice Suhartoyo read out the Decision No. 03-03/PHPU.DPD-XXII/2024 on Monday, June 10, 2024 in the plenary courtroom.

In its legal considerations, read out by Chief Justice Suhartoyo, the Court considered that the Respondent should follow up on the State Administrative Court (PTUN) Decree No. 600 of 2023, which is to revoke the General Elections Commission (KPU) Decree No. 1563 of 2023 and then issue a decision on the stipulation of the Petitioner included in the Permanent Candidate List (DCT) of the DPD members.

"Failure to follow up on court decisions according to the Court creates uncertainty, delays justice, and reduces the authority of the judicial institution. In relation to the Petitioner, such non-compliance has harmed the constitutional rights of citizens who should and have been eligible to be elected,” said Chief Justice Suhartoyo.

Therefore, he continued, to restore the constitutional rights of citizens who have qualified to be elected in the DPD election contestation and fair legal certainty, Decree No. 1563 of 2023 becomes unenforceable and must be declared invalid and has no legal force.

“By declaring the inapplicability and invalidity of KPU Decree No. 1563 of 2023, it also results in the nullity and invalidity of KPU Decree No. 360 of 2024 as far as the vote acquisition of DPD candidates in West Sumatera Province, therefore according to the Court there are no more results of the election vote acquisition of DPD candidates in West Sumatera Province that can be used as a basis for stipulating elected candidates for the DPD of West Sumatera,” explained Suhartoyo.

In relation to this matter, he said, in order to guarantee and protect the purity of the constitutional rights of voters and also to maintain the principles of democratic elections based on the principles of direct, public, free, confidential, honest, and fair, there is no hesitation for the Court to order the Respondent to conduct a re-voting for the 2024 DPD election of West Sumatera Province with the obligation to participate the Petitioner. According to the Court, with regard to the re-voting to be followed by the Petitioner, which was carried out without a campaign, it was important for voters to know the background of the candidates so they could obtain the information as much as possible about the candidate’s identity to be selected, including if any candidate been involved in legal problems.

“In this matter only the Petitioner has not conveyed openly and honestly about his identity, therefore according to the Court there is an obligation for the Petitioner to convey to the public about his identity including having been a prisoner,” said Chief Justice Suhartoyo who also stated that it granted the Petitioner's petition in its entirety.

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Court Orders Re-vote of DPD Election in West Sumatera to Include Irman Gusman