The Petitioner’s counsels Adithiya Diar and Ami Setia attending a ruling hearing for the 2024 legislative election results dispute of Jambi Province, Monday (6/10/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — Based on the legal facts revealed at the hearings, the Court found an election violation of double voting at TPS (polling stations) 2 and 4 of Kembang Seri Village. Based on the decision of Bawaslu (Elections Supervisory Body) of Batang Hari Regency No. 001/LP/ADM. PL/BWSL.KAB/05.03/III/2024 dated March 23, 2024, the violation has been proven. This was the legal consideration for case No. 73-01-03-05/PHPU.DPR-DPRD-XXII/2024 read out by Constitutional Justice Enny Nurbaningsih on Monday, June 10, 2024, in the plenary courtroom.
Regarding the case filed by PDI-P (Indonesian Democratic Party of Struggle), the Court stated that it partially granted the results of the votes for the Jambi Province DPRD candidates in electoral district Jambi 2 at TPS 2 and 4 of Kembang Seri Village, Maro Sebo Ulu District, Batang Hari Regency, Jambi Province.
“[The Court] orders the General Elections Commission, in this case, the Batang Hari Regency KPU, to conduct a revote at TPS 2 and TPS 4 of Kembang Seri Village, Maro Sebo Ulu Subdistrict, Batang Hari Regency for only one type of ballot, that is ballots for the Jambi Provincial DPRD by statutory regulations within 30 days from the pronouncement of this a quo decision, and to determine the correct vote acquisition as a result of the revote without the need to report to the Court,” said Chief Justice Suhartoyo.
In the legal considerations, read by Constitutional Justice Enny Nurbaningsih, the Court considered that the election violation of double voting at said polling stations had been settled by the Batang Hari Regency Bawaslu through administrative sanctions to the reported parties, i.e. the Kembang Seri Village polling committee (PPS) and the polling station working committee (KPPS) of TPS 2 of Kembang Seri Village.
“However, as evidenced by the facts of the hearings, Bawaslu did not provide a recommendation for revote at TPS 2 and 4 of Kembang Seri Village, Maro Sebo Ulu Subdistrict, due to the restrictions specified in Article 373 paragraph (3) of the Election Law,” said Justice Enny.
She continued that based on the legal facts revealed at the hearings, the Court did not have the confidence and certainty to determine the correct vote because it had been proven that double voting had occurred at those polling stations.
“So, to ensure the implementation of a fair and honest election, as well as to ensure the validity of the voters’ votes, the Court believes that a revote must be carried out at TPS 2 and TPS 4 of Kembang Seri Village, Maro Sebo Ulu Subdistrict for the election of the Jambi Provincial DPRD. Thus, the Petitioner’s argument with regard to TPS 2 and TPS 4 of Kembang Seri Village, Maro Sebo Ulu Subdistrict, Batang Hari Regency is well-founded according to the law,” said Justice Enny.
Regarding the Petitioner’s other arguments, such as the voting on five ballots by voters registered in the additional final voters list (DPTb) at TPS 2 of Sungai Rengas Village, Maro Sebo Ulu Subdistrict, Batang Hari Regency; the voting of ballots by the companion of voters who are sick without being accompanied by a companion form at TPS 3 of Rantau Puri Village, Muara Bulian Subdistrict; and KPPS preventing voters from voting at nine polling stations in Tangkit Village, Sungai Gelam Subdistrict were not proven. So, the Court considered the arguments unreasonable according to the law.
Also read:
KPU Rejects PDIP Statements Regarding Six Electoral Districts in Jambi
PDIP Petition Dismissed in Four Electoral Districts, Proceedings Continue for Jambi Electoral Districts 2 and 4
PDIP’s Witnesses Reveal Election Violations in Jambi
The Petitioner challenged the Jambi Provincial DPRD election in electoral district Jambi 2, which includes Batanghari and Muaro Jambi Regencies. It objected to a 52-vote margin with the Prosperous Justice Party (PKS). It argued that it should have obtained 57,623 votes, but only 57,580 votes were certified by the Respondent. On the other hand, PKS, which the Petitioner claimed should have obtained 19,193 votes, was instead set to have obtained 19,245 votes by the Respondent. The margin in votes between PKS and PDI-P at several polling stations spread across Batanghari District was attributed to several violations of election regulations. These cases include voting while not complying with regulations, such as double voting, accompanying voters who vote without permission from voters who are unable to vote due to illness, and additional voters voted without meeting the established regulatory criteria.
The Petitioner also argued that there was a difference in votes between the Petitioner and Gerindra (the Great Movement Party) for the election of Kerinci Regency DPRD in Kerinci 4, which covers Danau Kerinci, Batang Merangin, Tanah Cogok, and Sitinjau Laut Subdistricts. According to the Petitioner, there was a margin of 441 votes between the Petitioner and Gerindra. The Petitioner claimed that it should have obtained 2,807 votes instead of the 2,366 votes certified by the Respondent. Conversely, according to the Petitioner, Gerindra should only have obtained 2,366 votes, not the 2,807 votes certified by the Respondent. The Petitioner alleged that this margin in votes occurred as a result of the implementation of elections that were not following laws and regulations.
Author : Adam Ilyas
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translators : Frity Michael Br Sembiring/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 | 21:05 WIB 145