The Petitioner’s legal counsels Muhammad Mualimin and Nathaniel Hutagaol at a ruling hearing for the 2024 legislative election results dispute, Monday (6/10/2024) in the plenary courtroom. Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The Constitutional Court (MK) has instructed the General Elections Commission (KPU) as the Respondent to cancel the results of the vote acquisition of political parties and candidates for the Yapen Islands Regency DPRD (Regional Legislative Council) for the electoral district (dapil) of Yapen Islands Regency 1 and to conduct a repeat recapitulation, before which the KPU is to compare the C-result form with the subdistrict D-result form and the regency/city D-result form.

“If there is any difference between the C-result form, the subdistrict D-result form, and the regency/city D-result form, the Respondent must reference to the C-result form,” said Chief Justice Suhartoyo alongside the other eight constitutional justices in the plenary courtroom on Monday, June 10, 2024.

The Court decided delivered this verdict at the ruling hearing for Decision No. 129-01-14-33/PHPU.DPR-DPRD-XXII/2024, petitioned by the Democratic Party. The Court granted the petition in part as it pertains to the vote acquisition for the Yapen Islands Regency DPRD election in electoral district Yapen Islands 1.

The Court also ordered the KPU to combine the results of the repeat recapitulation of votes with the results of the Yapen Islands Regency DPRD election in electoral district 1 that were not canceled by the Court. Next, the KPU shall determine and announce the results under the provisions of laws and regulations within a maximum period of 21 days since the decision was pronounced, without any obligation to report to the Court.

The Papua Provincial of and Bawaslu (Elections Supervisory Body) as well as the Yapen Island Regency Bawaslu are to supervise the implementation of this ruling. In addition, the Court also ordered the National Police and its ranks to secure the repeat recapitulation process following their authority.

The Petitioner argued that there was a discrepancy between the votes for Golkar (Party of Functional Groups), PKN (Nusantara Awakening Party), and Perindo (United Indonesia Party) determined at the South Yapen District recapitulation. The votes listed in the subdistrict D-result form distributed by the South Yapen district election committee (PPD) were then recorded in the subdistrict D-result form. The Court then examined the subdistrict D-result form submitted as evidence by the parties and found that the subdistrict D-result form dated March 11, filed by the Democratic Party and the KPU showed that Golkar had 3,881 votes, PKN had 1,350 votes, while Perindo had 1,368 votes as stipulated by the KPU in the subdistrict D-result form.

The subdistrict D-result form was received on March 11, so there was a 10-day gap since the recapitulation of South Yapen District was completed. However, the fact of incompleteness and discrepancy in the evidence of the C-result form copies filed by the parties made the Court unable to ascertain which evidence can be trusted to assess the vote acquisition at the polling stations and the correct number of votes at each polling station in South Yapen District.

“According to the Court, to achieve legal certainty regarding the correct votes cast by voters at polling stations in South Yapen District, the Court considers it necessary to order the Respondent to conduct a repeat recapitulation in South Yapen District for the DPRK (Regency/City Legislative Council) election of Yapen Islands Regency for Yapen Islands 1,” Deputy Chief Justice Saldi Isra explained.

Also read:

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KPU Rejects Allegation Regarding Vote Inflation in Papua 1

Examination of Democrat’s Election Dispute in Kepulauan Yapen 1 Proceeds

Democrat’s Ranking Falls from 8th to 11th Place in Yapen Islands 1

The Court has issued the interlocutory Decision No. 129-01-14-33/PS/PHPU.DPR-DPRD-XXII/2024 for this case before handing down its final decision. The Court declared the petition relating to the Papua Province DPRP election in the electoral districts of Papua Province 1 and 5 and of the DPRK election in Yapen Islands Regency 4 and Jayapura City 3 inadmissible. In its petition, the Petitioner requested the Court to stipulate the vote acquisition of Golkar, PKN, and Perindo for the Yapen Islands DPRK election for electoral district 1 and to certify 1,280 votes for Democrat.

Author              : Mimi Kartika
Editor               : Nur R.
Translators       : M. Ariva Aswin Bahar/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.

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