Mehbob, the Petitioner's legal counsel, at the hearing to pronounce the decision on the PHPU Legislative of Banten II on Monday (19/8/2024) in the Constitutional Court. Photo by MKRI/Ifa.
JAKARTA, MKRI – On Monday, August 19, 2024, the Constitutional Court (MK) rejected the Democrat Party's petition in its entirety concerning the General Election Results Dispute (PHPU) for Members of the House of Representatives, Provincial DPRD, and Regency/City DPRD for Banten Province in 2024. The decision was announced in the Plenary Session Room of the Constitutional Court.
In the consideration of Case Number 286-01-14-16/PHPU.DPR-DPRD-XXII/2024, Constitutional Justice M. Guntur Hamzah stated that the Court found the Respondent's actions to recount ballots at 20 polling stations, and the subsequent comparison of these results, to be in accordance with the principles of transparency and fairness. Therefore, the Respondent's actions were deemed justified.
“Thus, the use of Bawaslu SE 6200.1/2024 as the Respondent’s basis for implementing the Court's decision to recount the ballots at the 20 polling stations is deemed appropriate. Consequently, the Petitioner's arguments are without legal merit,” said Constitutional Justice Guntur.
Furthermore, Constitutional Justice Guntur Hamzah addressed the issue of implementing the recount of ballots at 20 polling stations where the C.Results-DPR forms were incomplete. He explained that despite this, the essence of the pairing process as ordered by the Court was maintained. The recount was conducted due to special conditions or stagnation in the vote pairing data at these polling stations. This recount did not undermine the Court’s ruling; rather, it was an effort to ensure that the votes obtained from voters at the polling stations were accurately reflected.
“Therefore, the results of the recount, given these special conditions or stagnation, still represent the true will of the people as the rightful owners of the vote,” He emphasized.
Insufficient Evidence
In the context of the petition, Constitutional Justice Guntur Hamzah noted that the Petitioner's request for the Court to determine the Petitioner's vote total for Dapil II Banten as 142,279 votes, in line with KPU Decision No. 360/2024, lacked a rational basis. This was because, after opening the ballot boxes and recounting the votes, changes in the vote count were observed. Although the Petitioner claimed a reduction of 189 votes due to invalid ballots, the Court did not find sufficient evidence to support a deliberate attempt by the Respondent to reduce the Petitioner's vote total.
He emphasized that the evidence and facts presented during the trial supported the Court’s view that the Respondent's implementation of Constitutional Court Decision No. 183-01-14-16/PHPU.DPR-DPRD-XXII/2024 was justified. The process adhered to principles of transparency and fairness, and the Respondent's actions were consistent with the Court’s prior orders based on the Petitioner’s previous requests.
Moreover, the Court observed that the Petitioner's request to restore the vote count to that specified in SK 360/2024, after previously questioning it, indicated inconsistency in the Petitioner’s application. This inconsistency led the Court to conclude that the Petitioner’s arguments were legally unfounded.
Constitutional Justice Guntur Hamzah also addressed the issue of incomplete Form Model C.Result-DPR for Banten II at 20 polling stations in Serang City. He acknowledged that the Petitioner's argument concerning this matter lacked legal basis. However, the Court used this opportunity to emphasize the importance of maintaining the purity of election results to ensure the integrity and legitimacy of the democratic process.
He stressed that data from polling stations is crucial as it is the primary source of vote information. The authenticity and validity of this data must be carefully preserved. Accuracy, thoroughness, and caution are essential at this stage. He also highlighted the importance of ensuring that the counting results are accurately recorded in the provided forms and that the integrity and security of ballot boxes and related documents are upheld. Any loss of data at this stage can impact the authenticity and validity of results at higher levels.
“Therefore, the Court calls on organizers, supervisors, and security forces to ensure the safe and proper management of ballot boxes to prevent similar issues in the future and to maintain the purity of ballots from the polling station level through to the final vote tallying,” He concluded.
Failure to Adhere to Time Limit for Implementing Constitutional Court Decision
Regarding the Petitioner's claim that the Respondent exceeded the time limit for implementing Constitutional Court Decision No. 183-01-14-16/PHPU.DPR-DPRD-XXII/2024, specifically in Serang City, Constitutional Justice Guntur Hamzah noted the following:
The decision required implementation within 30 days of its pronouncement, which would be July 5, 2024. The process in Serang City began on July 3, 2024, and was completed with the correction of the D.Results by July 12, 2024. Recapitulation meetings occurred on July 13, 2024, at the city and provincial levels, and at the central level on July 28, 2024. The Court found that the Respondent had adhered to the time frame for comparing votes between the C.Results-DPR and the D.Results Kecamatan-DPR for 54 polling stations in Serang City.
However, Guntur emphasized the importance of the Respondent paying closer attention to the time limits specified in Court decisions, taking into account the regional characteristics and the complexity of each case. Effective coordination and timely supervision are crucial to avoid delays and ensure that special conditions are anticipated and managed effectively to prevent similar issues in the future.
Sheet C. Form Results Incomplete
Furthermore, the Court noted that the activity of comparing and recounting ballots, followed by reconciling the results of the recount within reasonable bounds, must be understood as an uninterrupted process in executing the Court's decision. However, given the incomplete C.Results-DPR sheets and the numerous discussions between political party witnesses during the process of matching and recounting ballots, completing the entire process requires additional time.
Therefore, the Court recognizes the need for extended time to finalize the matching process, as mandated by Constitutional Court Decision Number 183-01-14-16/PHPU.DPR-DPRD-XXII/2024 due to special conditions or stagnation. The Court deems the time extension granted to the Respondent as justified. Moreover, the Court believes that the delays are beyond the Respondent's control and not due to any intentional fault on their part. Thus, the Petitioner's argument is deemed unreasonable according to the law.
Also read:
Democrat Party Disputes Vote Matching Results for DPRD Members of Banten II
Court Orders Vote Comparison at 120 Polling Stations in Banten II for DPR Election
In the preliminary hearing held on Friday (9/8/2024), Andi Syafrani, representing the Democrat Party, addressed the petition's subject matter. He highlighted discrepancies in the vote counts as determined by the Respondent. According to the Respondent, the Democrat Party received 142,279 votes and PDIP received 142,154 votes. In contrast, the Respondent’s figures indicated that PDIP had 142,154 votes and the Democrat Party had 142,129 votes.
Andi argued that the Respondent had initially intended to disregard the Court's decision by not involving election participants in the opening of ballot boxes in Serang City. Additionally, the Petitioner claimed that C-Results were missing for PDIP votes in 20 polling stations in Serang City, and the Respondent refused to reconcile the data using electronic records and C.Results-DPR.Copy. The Petitioner also argued that 189 votes at these 20 polling stations were invalid due to missing original DPR C-Results. Furthermore, the Petitioner contended that the process of comparing and/or determining votes for all political parties from the recount at these 20 polling stations should have been limited to PDIP votes, as per the Constitutional Court's ruling.
The 20 affected polling stations are: Panggung Jati Village (Polling Stations 1, 4, and 17); Lialang Village (Polling Stations 2, 6, 14, and 18); Umbul Tengah Village (Polling Stations 4, 10, and 11); Cilowong Village (Polling Stations 1 and 2); Kalang Anyar (Polling Stations 5 and 7); and Dragong Village (Polling Stations 4, 5, 14, 19, 22, and 28). Andi noted that the C-Plano Results for these stations were missing and no explanation had been provided for their loss, which prevented the presentation of these results at the final plenary process at the KPU.
Author: Utami Argawati
Editor : Lulu Anjarsari P.
PR : Fauzan Febriyan
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.
Monday, August 19, 2024 | 12:55 WIB 47