Legal counsels Francine Widjojo and A. Habib Amanatullah at the ruling hearing of the Papua Provincial DPRD election results dispute for Papua 2 electoral district, Monday (8/19/2024). Photo by MKRI/Ifa.
JAKARTA (MKRI) — Despite the repeat recapitulation being carried out past deadline, the decision to continue it after finding missing documents and opening ballot boxes were sensible and providing legal certainty. Repeating the recapitulation ensures that the votes are true and reflect the voters’ choices, the Constitutional Court (MK) asserted in its legal opinion on the 2024 election results dispute petitioned by the Indonesian Solidarity Party (PSI), delivered by Deputy Chief Justice Saldi Isra.
The ruling hearing for Decision No. 292-01-15-33/PHPU.DPR-DPRD-XXII/2024 took place on Monday, August 19, 2024. In its verdict, the Court rejected the entire petition by PSI.
However, it highlighted the administrative issue of missing C-result model forms at two polling stations and those belonging to three political parties. This reflected the Respondent’s (General Elections Commission/KPU) administrative negligence and failure to maintain election archives, which are authentic documents requiring particular storage. Such issue had led to problems in repeat recapitulation.
“Therefore, in the future, the Respondent must pay more attention and care regarding the filing and archiving of election documents. It is regulated in Article 20 letter f of Law No. 7 of 2017 on General Elections. However, this administrative violation committed by the Respondent has been followed up by Bawaslu who gave the chairperson and members of the Jayapura Regency KPU a warning not to repeat or commit acts that violate statutory provisions. Based on these considerations, the Court can understand and justify the reason for the delay in organizing the re-recapitulation of votes based on factors that unpredictable obstacles. So, the Court believes the results of the re-recapitulation must be considered valid, and not legally flawed as argued by the Petitioner. Therefore, the Petitioner’s argument was legally groundless,” said Deputy Chief Justice Saldi Isra in the plenary courtroom.
Bawaslu Supervising
The Court had examined the minutes and certificate of the recapitulation of party and DPRD candidate votes from all polling stations in the district as well as those from the subdistricts in Jayapura Regency, Papua Province, specifically Papua 3 electoral district, which were both issued on July 2, 2024.
The Court found that witnesses of Indonesian Guard of Change Party (Garuda), the National Awakening Party (PKB), the Indonesian Solidarity Party (PSI), the Labor Party, and the People’s Conscience Party (Hanura) had not signed those minutes and certificate. However, it could not assert the truth as there was no column for Bawaslu’s (Elections Supervisory Body) signature on the D-result model form. It then concluded that almost all witnesses agreed to the results of the re-recapitulation except for PSI, Hanura, and the Labor Party. This fact, Deputy Chief Justice Saldi Isra added, matched the D-incident form. PSI was the only party who filed a written objection to question Bawaslu’s absence in the re-recapitulation on July 2.
“In its testimony, Bawaslu stated that its absence was not because it walked out, but because it was coordinating with the Papua Provincial Bawaslu, while still monitoring [the re-recapitulation] livestream on the KPU’s YouTube channel. As such, the Court believes the Petitioner’s claim that the re-recapitulation had been free from Bawaslu’s supervision was not accurate. Therefore, the Petitioner’s claim of Bawaslu’s absence from the repeat recapitulation having led to the results being legally flawed was legally groundless,” Deputy Chief Justice Saldi Isra explained.
Data Discrepancy
Next, Constitutional Justice Asrul Sani highlighted the glaring discrepancy between the number of voters listed and the voter turnout in Sentani District. The KPU Decrees No. 260 and 1050 of 2024 both listed the number of final voters (DPT) in Jayapura Regency being 58,508 and only 44,875 voters had gone to the polls. This discrepancy, the Court asserted, must be corrected to match the real data. In addition, the Petitioner could not prove that the discrepancy had resulted from manipulation by the election organizers to benefit any political party while harming the Petitioner.
“The change in data and vote acquisition was a logical consequence of the repeat recapitulation by comparing the C-result model forms and the D-result model forms as ordered by the Court in its [previous] decision,” Justice Arsul stressed.
Also read:
PSI: Repeat Recapitulation in Sentani District, Papua 3 Problematic
Jayapura Regency KPU Explains Sentani District Repeat Recapitulation Extension
PSI Witnesses: Sentani District Repeat Recapitulation Without Ballot Boxes
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 requested 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 was the votes for the 2024 Papua Provincial DPRD election in Sentani District in Papua 3 electoral district. The Petitioner alleged 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 requested 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.
Monday, August 19, 2024 | 14:31 WIB 85