Democrat Party's Claims on Vote Loss Deemed Unsubstantiated by Court
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The Petitioner’s legal counsel when attending a ruling hearing for the 2024 legislative election results dispute of Province/Regency, Monday (6/10/2024). Photo by MKRI/Ifa.


JAKARTA, MKRI – The Constitutional Court (MK) rejected a petition for case No. 248-01-14-37/PHPU.DPR-DPRD-XXII/2024 on the 2024 DPR (House of Representatives)election results dispute. The case was petitioned by a candidate for DPR member District Papua Pegunungan No. 2 namely Hoerlina Pahabol, on Monday, June 10, 2024 at The Court's Plenary Session Room.

“Rejecting the petition of the Petitioner throughout the general election of candidates for members of the DPR District Papua Pegunungan No. 2 on behalf of Hoerlina Pahabol, DPR of Papua Pegunungan (Province) District Papua Pegunungan 1, and DPRD Yahukimo Regency District Yahukimo 7, for all,” said Chief Justice Suhartoyo when reading out the decision.

Constitutional Justice Daniel Yusmic P. Foekh considered the Petitioner's argument that 17,936 votes were lost and given to Yos Elopere of the NasDem (National Democratic Party). Based on the General Elections Commission (KPU) Decree No. 6 of 2024 of Papua Pegunungan Province concerning the Determination of the Results Members of the Regional House of Representatives of Papua Pegunungan Province in 2024, Yos Elopere obtained 14,429 votes in Papua Mountains Constituency 1. So that the Petitioner's argument that his vote became 0 votes because it was transferred to Yos Elopere was not possible. If the Petitioner's votes were properly transferred, the total valid votes in the Papua Pegunungan 1 electoral district would increase, causing a discrepancy with the number of voters in the electoral district.

“Based on the description of the legal considerations, the Petitioner's argument regarding the loss of the Petitioner's vote and given entirely to Relevant Party I is unreasonable according to law,”  said Constitutional Justice Daniel Yusmic P. Foekh.

"Based on the description of the legal considerations above, Daniel's arguments say, the Petitioner argued the loss of 1,000 votes at the Yahukimo Regency KPU. but after the Court examined the evidence submitted, Model D.Result subdistrict-DPRDKABKO submitted by the Respondent, the Petitioner obtained 5,050 votes. The Petitioner only submitted evidence of vote agreements based on the noken system and photos of vote tabulation results at the District level showing the Petitioner obtained 6,050 votes in Sela District. However, the Court did not find evidence in the form of Model C. Copy-DPRDKABKO results that support the Petitioner's claim. The Petitioner regarding the loss of the Petitioner's vote and given entirely to Relevant Party I is unreasonable according to law,” said Constitutional Justices Daniel Yusmic P. Foekh. 

He continued, the Court also did not find any objections to the issue as the Petitioner argued at each level of the tiered vote count.

“Based on the entire description of the legal considerations, the Court is of the opinion that the arguments of the Petitioner are unreasonable according to law for the whole,” said Constitutional Justices Daniel Yusmic P. Foekh.

Read Also: 

KPU Denies Reducing Democrat Candidates’ Votes in Papua Pegunungan

Democrat Election Dispute in Several Electoral Districts of Papua Pegunungan Dismissed

Party Witnesses Not Allowed to Attend District Recapitulation

In his petition, the Democrat Party argued that there was a reduction in the vote acquisition of several candidates, including DPR candidates for the Papua Mountains district No. 1 Willem Wandik and No. 2 Hoerlina Pahabol; Papua Mountains Provincial DPRD candidates for district 6 Nebon Pahabol and district 4 Ronny Elopere; and Yahukimo Regency DPRD candidate for  district 7 Pendi Keroman.

Last week, the Court issued an excerpt of its decision in this case. Before handing down the final decision, the Court stated that the Petitioner's relating to the vote acquisition of candidates for the DPR Districs Papua Pegunungan No.1 Willem Wandik, the DPR of Papua Pegunungan District 6, and the Yahukimo Regency DPRD District 4 could not be accepted. Meanwhile, the petition related to the vote acquisition of the candidate for the DPR of Papua Pegunungan No. 2 Hoerlina Pahabol, the DPR of Papua Pegunungan District 1, and the Yahukimo Regency DPRD District 7 is continued in the examination session with the agenda of proof.

Author  : Utami Argawati
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.


Monday, June 10, 2024 | 17:16 WIB 29