Petitioner of case No. 294-02-14-09/PHPU.DPR-DPRD-XXII/2024 Rosdiansyah Rashid (right) with legal counsels Pangeran (center) and Ziki Osman (left) at the preliminary hearing on panel 2, Thursday (8/15/2024). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — Pangkalpinang City DPRD candidate number 1 from the Democratic Party Rosdiansyah Rasyid has petitioned for the annulment of the General Elections Commission (KPU) Decree No. 184 of 2024 on the certification of the elected candidates for the Pangkalpinang City Regional Legislative Council (DPRD) in the 2024 election to the Constitutional Court (MK), the preliminary hearing for the 2024 election results dispute was presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and Asrul Sani on panel 2 on Thursday, August 15, 2024.

Legal counsels Pangeran and Ziki Osman took turns conveying the subject matter of petition No. 294-02-14-09/PHPU.DPR-DPRD-XXII/2024, filed  by Rosdiansyah Rasyid. Ziki explained that the Petitioner was candidate number 1 from the Democratic Party based on the permanent candidates list (DCT) listed in the Decree No. 144 of 2023 dated November 3, 2023 on the list of permanent candidates of the members of the Pangkalpinang City Regional Legislative Council in the 2024 election.

The Petitioner earned the same number of valid votes as the Democratic Party candidate number 5 Sumardan, which was 1,198 votes. The votes were spread across six villages: Air Kepala Tujuh, Kacang Pedang, Tua Tunu Indah, Bukit Sari, Bukit Merapin, and Taman Bunga. The Petitioner had more votes in Bukit Meraoen, Kacang, Paedang, and Bukit Sari Villages, while Sumardan won more votes in three others.

Based on the KPU Regulation No. 6 of 2024 on the certification of the elected candidate pairs, the certification of seats, and the certification of the elected candidates in the election—i.e. Article 42 jo. Article 29 paragraphs (1) and (2) of the Central KPU letter No. 536/PL.01.08-SD/05/2024 dated March 22, 2024 on the certification of the elected candidates in the 2024 election of the Pangkalpinang City DPRD members, the Petitioner should have been declared candidate-elect as he was candidate number 1 on the permanent candidates list.

However, the KPU certified the elected candidate based on the spread of votes i.e. polling stations. This is apparent from the minutes of the open plenary meeting of the preparation for the vote counting and certification of seats as well as the certification of the elected candidates in the 2024 election of the Pangkalpinang City DPRD members. In short, polling stations were used as reference of territory by some of the Pangkalpinang City KPU commissioners despite them not being specific territories.

“The Petitioner requests that the Court order the Respondent to delay the implementation of the KPU Decree No. 144 of 2023 certification of the elected candidates in the 2024 election of the Pangkalpinang City DPRD members as it pertains to the appendix of the KPU Decree No. 144 of 2023 certification of the elected candidate number 5 in the 2024 election of the Pangkalpinang City DPRD members dated May 2, 2024 in Pangkalponang City 4 electoral district, by the name of Sumardan (of Democrat) along with all of its legal consequences until a decision for this case that has permanent legal force,” said Ziki who appeared before the Court alongside the Petitioner in the panel courtroom in the Court’s second building.

Author            : Sri Pujianti
Editor             : Nur R.
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.

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