KPU commissioner Idham Kholik testifying for case No. 294-02-14-09/PHPU.DPR-DPRD-XXII/2024 on panel 2, Friday (8/16/2024). Photo by MKRI/Teguh.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held a hearing on the 2024 election results dispute of the DPR (House of Representatives), provincial and regency/city DPRD (Regional Legislative Council) filed by Pangkalpinang City DPRD candidate number 1 from the Democratic Party Rosdiansyah Rasyid, on Friday, August 16, 2024. He 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 DPRD.

The second hearing for case No. 294-02-14-09/PHPU.DPR-DPRD-XXII/2024 had been scheduled to hear the KPU’s response as the Respondent as well as the testimonies of the Elections Supervisory Body (Bawaslu) and the Relevant Party. The Respondent’s legal counsel Stefanus Budiman stated that the Petitioner’s petition concerns an issue within the party and, thus, requires the party leader’s approval. However, it is absent from the petition. In addition, the object of the petition is the KPU Decree No. 144 of 2023 on the permanent list of candidates for the Pangkalpinang City DPRD in the 2024 election. The petition for this specific object has passed.

Meanwhile, the Respondent’s certification of the elected candidates, which was based on the calculation of the distribution of voting areas up to the polling station level in determining the DPRD candidates for Pangkalpinang City 4 electoral district, was in line with regulations. Therefore, the claim that the Spatial Planning Law and Government Regulation on Subdistricts had been used was inaccurate, as both these pieces of legislation do not concern elections.

“The interpretation of territory in the implementation of elections must be based on electoral regulation and implementation [mechanism] as stipulated in Law No. 7 of 2017 on Elections. Certification of elected candidates and seats acquisition are also stipulated in the KPU Regulation No. 6 of 2024, where polling stations are the smallest territories,” Stefanus said before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and Asrul Sani.

Determination of Elected Candidates

Idham Kholik expressed concern that if the determination of the elected candidates was left to political parties, it would return to the closed-list proportional system.

Although election contestants are political parties, the KPU as the regulator who designed KPU Regulation No. 6 of 2024 also carries the spirit of the implementation of the open-list proportional system based on electoral districts.

Also read: Tied Votes Between Two Pangkalpinang City Democrat Candidates

At the preliminary hearing on Thursday, August 15, legal counsels Pangeran and Ziki Osman explained that the Petitioner 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          : N. Rosi
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.

---