The Petitioner’s witnesses with legal counsel at the hearing for case No. 292-01-15-33/PHPU.DPR-DPRD-XXII/2024 on panel 2, Thursday (8/15/2024). Photo by MKRI/Teguh.
JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for the 2024 election results dispute petitioned by the Indonesian Solidarity Party (PSI) on Thursday, August 15, 2024 to hear the testimonies of witnesses and experts and examine and validate additional evidence. The third hearing for case No. 292-01-15-33/PHPU.DPR-DPRD-XXII/2024 was presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Daniel Yusmic P. Foekh and Asrul Sani on panel 2.
At the hearing, PSI (Petitioner) presented Iriana Soffel from PSI, Ilham Maso from the United Indonesia Party (Perindo), and Achmad Muchlis Welerubun from the People’s Conscience Party (Hanura) as witnesses as well as Khairul Fahmi as an expert. Meanwhile, the General Elections Commission (KPU) as Respondent presented witnesses Efra Jerianto Tunya and Marice Leone Suebu. The National Democratic Party (NasDem) presented Erool Moddy and Andreas Wakum as witnesses.
Iriana Stoffel, a PSI mandate witness, recounted PSI’s votes being reduced during the repeat recapitulation. At the district level, the C-result forms were not taken out from the ballot boxes, but from ten containers at a logistic warehouse.
“The ballots recounted were taken from the logistic warehouse, as many as ten containers, but the ballot boxes were not brought there. So, only the C-result forms were examined, without the ballot boxes,” she revealed.
In addition, then the witnesses only raised objections verbally since the recapitulation were often suspended. They only raised objections during the presentation of results on panel 2 (the repeat recapitulation took place on two panels).
“The objections were raised because [PSI] felt the number of our votes were not as many as expected. On Sirekap, red signs appeared, meaning that there were discrepancies between the initial votes and the votes at that time at the district level. However, during the recapitulation at the regency level, the red signs on Sirekap had disappeared,” Stoffel said.
Issue During Recapitulation
Next, Perindo mandate witness Ilham Maso talked about the repeat recapitulation on panel 2. “During the data comparison, there were issues with the data at 10 polling stations in Hinekombe Village. The votes were different from those on the C-result forms and there had even transfer from the candidate to the party (Perindo). During recapitulation, [I] coordinated with other Perindo witnesses regarding the inflation of 992 votes and to raise a letter of objection on June 29 and submitted it to the KPU on June 30,” he said.
Achmad Muchlis Welerubun testified that during the recapitulation, the vote acquisition had differed, where the voter turnout had been higher than the number of valid and invalid votes combined. Witnesses had protested verbally. “In addition, the ballot boxes presented were of the presidential election but they contained the ballots for the provincial DPRD election,” he said.
Illegitimate Decrees
Meanwhile, expert Khairul Fahmi stated that the repeat recapitulation by the KPU had passed the Court-ordered deadline on June 10. Based on Article 24C paragraph (1) of the 1945 Constitution, the Constitutional Court decisions are final, meaning that they have legal force since they are pronounced and must be implemented. However, the repeat recapitulation had not been carried out following the ruling. This indicated an unlawful act, which affected the (KPU) issued decrees. “Decrees made based on a violation of a court order has a consequence of the annulment of the decrees in question,” he explained virtually.
From the state administrative legal perspective, he added, the Papua Provincial KPU’s act can be categorized as arbitrary as it was in violation of a court decision that has permanent legal force. As a consequence, he added, any decision taken arbitrarily is illegitimate.
“Therefore, the decrees can be examined by the Court as the judicial institution authorized to examine and adjudicate election results disputes. If the KPU decrees are against the Constitutional Court Decision No. 17-01-05-33/PHPU.DPR-DPRD-XXII/2024 dated June 10, 2024, the Court can declare any decrees on the repeat recapitulation in Sentani District illegitimate, thus they must be annulled,” Khairul stressed.
Correction Done Properly
NasDem (Relevant Party) mandate witness at the district to province levels Erool Moddy recounted the smooth recapitulation until the end, where the KPU and Bawaslu had done their duties well. “Everything was corrected properly and during the recapitulation NasDem received two seats at the ninth position. Meanwhile, during recess, some Bawaslu staffs remained,” he said virtually from Papua.
Missing C-Result Forms
Sentani PPD (district election committee) chair Efra Jerianto Tunya revealed the overall implementation of the district-level plenary meetings on June 27 until July 2, which all parties—the KPU, Bawaslu, witnesses, and the Police—had attended. He said the delayed recapitulation on June 28 was due to missing C-result forms from three parties and two polling stations. Only on June 30 did a search took place and the forms from two polling stations were found on the same day, while for the three political parties whose forms were still missing, the forms were printed and the votes recapitulated on July 2.
“Bawaslu issued recommendations of the mechanism for implementing the Constitutional Court ruling, where the KPU searched for the C-result forms at two polling stations and 3 parties per June 30. They were carried out by the KPU on July 1, by taking the ballot boxes from the warehouse. For three polling stations we did not count right away, before we awaited the printing permit from the Central KPU. The repeat recapitulation was only carried out on July 2, 2024,” Marice Leone Suebu added.
Also read:
PSI: Repeat Recapitulation in Sentani District, Papua 3 Problematic
Jayapura Regency KPU Explains Sentani District Repeat Recapitulation Extension
Following the Constitutional Court’s (MK) ruling on June 10, 2024, the Indonesian Solidarity Party (PSI) filed a petition challenging the 2024 election results dispute pertaining to the election of Papua Provincial Regional Legislative Council (DPRD) in Papua 3 electoral district. PSI requests the annulment of the KPU Decree No. 1050 of 2024 on the amendment to the KPU Decree No. 360 of 2024 on the nationwide certification of the 2024 legislative election results of the DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD (Regional Legislative Council) announced on Sunday, July 28, 2024 at 17:44 WIB.
At the preliminary hearing on Friday, August 9, legal counsels Francine Widjojo and Dede Gustiwan conveyed the petition’s subject matters. One of them is the votes for the 2024 Papua Provincial DPRD election in Sentani District in Papua 3 electoral district. The Petitioner alleges that the results were invalid and legally flawed because the repeat recapitulation in Sentani District had taken place past the deadline set by the Constitutional Court in Decisions No. 17-01-05-33/PHPU.DPR-DPRD-XXII/2024 and No. 202-01-08-33/PHPU.DPR-DPRD-XXII/2024 handed down on June 10, 2024.
Therefore, the Petitioner requests that the Court annul the KPU Decree No. 1050 of 2024 on the amendment to the KPU Decree No. 360 of 2024 on the nationwide certification of the 2024 legislative election results of the DPR (House of Representatives), DPD (Regional Representatives Council), and Provincial and Regency/City DPRD (Regional Legislative Council) as it pertains to the results of the Papua Provincial DPRD election for Papua 3 electoral district, Jayapura Regency, Papua Province in Sentani District for passing the deadline set in the Constitutional Court Decisions No. 17-01-05-33/PHPU.DPR-DPRD-XXII/2024 and No. 202-01-08-33/PHPU.DPR-DPRD-XXII/2024 dated June 10, 2024.
Also read:
NasDem: Loss of DPRP Seat in Papua 3
NasDem Secures Only One Seat in the Papua Provincial DPRD for Electoral District 3"
NasDem’s Election Dispute for DPRP in Papua 3 Proceeds to Evidentiary Hearing
Witnesses Mention NasDem Votes Reduced in Papua 3
Court Instructs KPU to Conduct Vote Recapitulation in Sentani District for DPRP Papua 3
Also read:
Locations Obscure, KPU Refutes PKS's Allegation in Sentani District Papua III
PKS Witnesses Reject Sentani District Recapitulation Results, Losing 13 Votes
PKS Argues for Reduction of Vote Acquisition in Sentani District Papua 3
Constitutional Court Orders Recapitulation of 225 TPS in Sentani District, Papua
Author : Sri Pujianti
Editor : N. Rosi
PR : Fauzan F.
Translator : Yuniar Widiastuti (NL)
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.
Thursday, August 15, 2024 | 19:33 WIB 102