KPU Must Recount Ballots from 10 TPS in Langkap Village Bangkalan 5

The Petitioner’s legal counsels Hoirullah and Seta Mahardika Caesar attending a ruling hearing for the 2024 legislative election results dispute case No. 158-02-16-37/PHPU.DPR-DPRD-XXII/2024 of East Java Province, Monday (6/10/2024). Photo by MKRI/Ifa.

JAKARTA (MKRI) — The Constitutional Court (MK) has ruled that to ensure legal certainty and preserve the purity of voters’ intentions, a vote recount is necessary for TPS (polling stations) 1, 3, 5, 6, 11, 12, TPS 15, 18, 19, and 22 of Langkap Village, Burneh Subdistrict. Additionally, the Bangkalan Regency Bawaslu (Elections Supervisory Body) had issued a review highlighting ethical violations by the Burneh Subdistrict election committee (PPK) chairman M. Sofi for which the Bangkalan KPU (General Elections Commission) had issued a final stern warning.

This legal consideration was read by Justice Ridwan Mansyur in response to the petition by the Prosperous Justice Party (PKS) at the ruling hearing for the 2024 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute on Monday, June 10, 2024).

In Decision No. 269-01-08-15/PHPU.DPR-DPRD-XXII/2024, the Court detailed allegations of vote inflation and/or reduction affecting PPP (United Development Party) and the Democratic Party. Comparing the C-result forms, C-result copies, and regency D-result forms, the Court had found significant discrepancies between the C-result forms submitted by the Petitioner and those by the Respondent, Relevant Parties, and Bawaslu. On the Petitioner’s C-result form, the Democratic Party received 204 votes at TPS 15 Langkap Village, whereas the C-result forms from Bawaslu and PPP (Related Party II) showed 253 votes. The Court identified patterns such as altering numbers on the C-result form by erasing and rewriting figures, adding new numbers in empty columns, and replacing specific pages in the C-result form with new ones.

“These discrepancies between the two versions of C-result form were not adequately explained by the parties at the hearings, particularly by the Respondent. The Petitioner had clearly outlined these differences in the petition. The Respondent should have addressed these discrepancies, as the Court found that the Petitioner had filed objections at least at the Bangkalan Regency recapitulation,” said Justice Ridwan.

Due to these uncertainties, Justice Ridwan continued, the Court could not establish the vote counts as requested by the Petitioner amidst the unclear vote totals at the mentioned polling stations. Therefore, the Respondent must recount the votes within 21 days from the pronouncement of this decision.

“[The Court] partially grants the Petitioner’s request; orders a recount of votes for political parties and candidates for the Bangkalan Regency 5 DPRD seats; nullifies the KPU Decree No. 360 of 2024 for the Bangkalan 5; instructs the Bangkalan KPU to recount votes in Langkap Village, Burneh Subdistrict within 21 days from the pronouncement of this decision,” stated Chief Justice Suhartoyo.

Negligence in Filling Attendance Lists

Regarding the allegations of vote inflation in Bangkalan 3, the Court believes that the TPS attendance lists were not personally signed by all voters. However, this did not correlate with the voters’ choices and/or the contested vote totals. Thus, errors or negligence in filling out the attendance lists at polling stations did not automatically prove the manipulation of 4,050 ballots in favor of Samsol, a candidate from Gelora (Indonesian People’s Wave Party).

Justice Ridwan further detailed the Petitioner’s claim that 4,050 ballots at 15 polling stations in East Durin Village, Konang Subdistrict were manipulated by the village head Lutfianti to benefit Gelora candidate Samsol. This claim was not properly substantiated. Furthermore, for the Petitioner’s claim of the reduction of 2,000 votes in Bangkalan 3, the Petitioner did not specify where, when, and how this vote reduction occurred or who was responsible.

Additionally, it was unclear whether the reduction 2,000 votes and the manipulation of 4,050 votes had occurred at the same polling station and/or location or were separate events.

“As a result, the Court found it difficult and even impossible to conduct a thorough and directed investigation. Therefore, the claim regarding the reduction of 2,000 votes must be declared legally unfounded,” Justice Ridwan concluded.

Also read:

PKS and Gelora Party Compete for District Council Seats in Bangkalan Electoral Districts 3 and 5

KPU: PKS’s Objection Outside the District-level Recapitulation Forum in the Bangkalan 3 and 5.

Justice Saldi Isra Requests Witnesses to Sign Attendance Match List at Bangkalan TPS

In their petition, the Petitioner alleged that the KPU had reduced their vote count by 2,000 votes in the regency D-result form. Without this reduction, the Petitioner would have had a total of 9,989 votes, placing it above Gelora (Indonesian People’s Wave Party), which received 9,593 votes. Consequently, the Petitioner claimed it should have secured the ninth and final seat in Bangkalan 3, while Gelora would have received no seats.

The Petitioner stated that it had raised an objection about the vote reduction to the Konang subdistrict election committee (PPK). It argued that the PPK recapitulation process had violated regulations, but the objection was not signed by the Konang PPK chair. Therefore, the Petitioner complained to the Bangkalan KPU on March 5, which complaint was signed by the Bangkalan KPU chair.

In the petitum, the Petitioner requested the Court to annul the KPU Decree No. 360 of 2024 on the certification of the results of the 2024 legislative election announced on March 20, specifically for the election of Bangkalan Regency DPRD in electoral district Bangkalan 3 and 5 of East Java Province. The Petitioner also requested the Court to confirm their claimed vote count, stating that PKS received 9,989 votes. Alternatively, they requested the KPU to conduct a revote in East Durin Village, Konang Subdistrict, Bangkalan Regency at 15 polling stations; or for Gelora candidate number 1 Samsol to be disqualified; or to for Gelora to be disqualified and for the Petitioner to be declared the rightful holder of the ninth and final seat in Bangkalan 3. Additionally, the Petitioner asked the Court to confirm the correct vote count for PKS in Bangkalan 5, giving them 9,630 votes and the sixth seat.

Author              : Sri Pujianti
Editor                : Nur R.
Translators        : Sedanti Anjali Putri/Yuniar W.

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 | 20:02 WIB 37