Legal Counsel of the Respondent (KPU), Sastriawan, presents arguments during the hearing on the 2024 Legislative Election Dispute in South Sumatra Province, held on Tuesday (13/8/2024) at the Constitutional Court. Photo by MKRI/Panji.

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JAKARTA, MKRI - The General Election Commission (KPU), as the Respondent, refuted the arguments presented by the Golongan Karya (Golkar) Party in the Dispute over General Election Results (PHPU) case concerning the Lahat Regency DPRD member for the Lahat 4 Election District (Dapil). The KPU argued that the Golkar Party misunderstood the mechanism for recounting ballots following the Constitutional Court's (MK) ruling in the previous PHPU case.

“The Petitioner has misinterpreted the Office Letter of the Chairman of KPU RI Number 988/PY.01.1-SD/05/2024, which outlines the procedure for recounting ballots. The Petitioner believes that the recount should be conducted by KPPS (polling station working committee) and PPK (Subdistrict Election Committee) in the usual staged manner as in normal circumstances. However, the Respondent asserts that this understanding is incorrect,” stated the Respondent's attorney, Sastriawan, during the hearing of Case Number 290-01-04-06/PHPU.DPR-DPRD-XXII/2024 on Tuesday, August 13, 2024.

The Respondent clarified that, according to the Office Letter of the Chairman of the Indonesian KPU Number 988/PY.01.1-SD/05/2024, it was the responsibility of the Lahat Regency KPU to carry out the recounting process for the election ballots of the Lahat Regency DPRD members, not the KPPS members at each polling station. The letter specifically instructed the Lahat Regency KPU not to form PPK, PPS, or KPPS teams to conduct the recount.

The Regency/City KPU, including the Lahat Regency KPU, assumed the responsibilities of PPK, PPS, and KPPS in their areas to conduct the recount of ballots (PUSS) and manage the vote recapitulation process at the sub-district level. Meanwhile, the Petitioner misinterpreted the official letter from the Chairman of KPU RI, believing that the recount should be carried out by KPPS and PPK in the usual staged manner under normal circumstances.

The KPU, when issuing the official letter from the Chairman of KPU RI, took into account the timing of the PUSS implementation, the number of polling stations involved, and the expiration of the ad hoc organizing body's term of office. Based on these considerations, the KPU determined that it was appropriate to exclude the ad hoc organizing body from the PUSS process, as outlined in the official letter from the Chairman of KPU RI.

The KPU emphasized that the Lahat Regency KPU did not violate any mechanism or procedure in conducting the recount process for filling the membership of the Lahat Regency DPRD. The KPU of Lahat Regency followed the directives outlined in the official letter from the Chairman of KPU RI.

For information, the Golkar Party in Case Number 290-01-04-06/PHPU.DPR-DPRD-XXII/2024 argued that the KPU did not implement PUSS as the Constitutional Court's decision in the settlement of the previous PHPU case.

In the preliminary examination hearing held on Friday, August 9, 2024, the Petitioner's legal counsel, Dodi Boy Fenaloza, argued that during the recount of ballots at several polling stations in Tanjung Tebat Subdistrict, the KPU did not adhere to General Election Commission Regulation Number 25 of 2023. Specifically, the recount took place at polling stations 1 and 2 of Tanjung Kurung Ulu Village, polling station 2 of Tanjung Menang Village, polling station 1 and polling station 2 of Padang Perigi Village, and polling station 1 of Tanjung Kurung Ilir Village.

The Petitioner explained that the Lahat Regency KPU conducted a ballot recount on June 19, 2024, as mandated by the Constitutional Court's decision Number 275-01-05-06/PHPU.DPR-DPRD-XXII/2024. However, the Petitioner claimed that the recount was not conducted in a conducive manner, prompting the Lahat Regency KPU to move the process to the Provincial KPU on June 20, 2024.

The Petitioner further alleged that during the recount, the KPU failed to verify the attendance lists for the Permanent Voters List (DPT), Additional DPT (DPTb), and the Special Voters List (DPK) at the specified polling stations. Moreover, the Petitioner claimed that the KPU did not reconcile the number of ballots in the ballot boxes with the number of voters listed on the model C. Form attendance lists. Several other issues related to the recount process were also identified by the Petitioner.

In its petitum, the Golkar Party requested the Constitutional Court to annul KPU Decree No. 1050 of 2024 concerning the filling of membership for the Lahat Regency DPRD in Electoral District (Dapil) Lahat 4. The Golkar Party also sought an order from the Court to mandate the KPU to recount the ballots at several polling stations in Tanjung Tebat Subdistrict. These stations include polling stations 1 and 2 of Tanjung Kurung Ulu Village, polling station 2 of Tanjung Menang Village, polling station 1 and polling station 2 of Padang Perigi Village, and polling station 1 of Tanjung Kurung Ilir Village. The Golkar Party asked that this recount be conducted in accordance with KPU Regulation Number 25 of 2023 and relevant KPU Decrees, with the aim of establishing that their correct vote tally is 8,893 votes.

This case is a continuation of Case Number 275-01-05-06/PHPU.DPR-DPRD-XXII/2024, in which the Golkar Party was a related party, and the Petitioner was the National Democratic Party (Nasdem). The hearing was conducted by Panel 3, led by Constitutional Justice Arief Hidayat, alongside Constitutional Justice Anwar Usman and Constitutional Justice Enny Nurbaningsih.

Author: Mimi Kartika.

Editor             : N. Rosi.

PR                 : Tiara Agustina.

Translator       : 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.

 

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