The Petitioner’s legal counsel Julianto Asis at the ruling hearing of the Central Bengkulu Regency DPRD election results dispute for Central Bengkulu 3 electoral district, Monday (8/19/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) rejected the National Mandate Party (PAN) in case No. 288-01-12-07/PHPU.DPR-DPRD-XXII/2024 on dispute over the results of the 2024 Central Bengkulu Regency DPRD election in Central Bengkulu 3 electoral district at a ruling hearing on Monday, August 19, 2024.

“Relating to the subject matter, [the Court] rejects the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo. Constitutional Justice Asrul Sani abstained from deciding on this case.

In its legal opinion, delivered by Constitutional Justice Arief Hidayat, the Court stated that it disagreed with the Petitioner’s expert, Rahmat, that the Bengkulu Provincial Bawaslu (Elections Supervisory Body) decree on quick examination was legally flawed since the Bawaslu was authorized to settle electoral administrative violations through such examinations. This included allegations of administrative violations in the recapitulation of Central Bengkulu Regency DPRD (Regional Legislative Council) candidates’ votes at TPS 1 (polling station) of Karang Are Village, TPS 01 of Temiang Village, TPS 01 of Keroya Village, TPS 01 of Taba Renah Village in Pagarjati Subdistrict as well as TPS 01 of Padang Burnai Village in Bang Haji Subdistrict.

The Bengkulu Provincial KPU (General Elections Commission) was obligated to comply with Bawaslu’s quick examination by ordering the Central Bengkulu Regency KPU to count the invalid votes in the regency DPRD election in Central Bengkulu Regency 3 electoral district. The Central Bengkulu Regency KPU then issued Decree No. 442 of 2024 certifying 2,022 votes for PAN and 2,025 votes for the Relevant Party, the United Development Party (PPP).

The Central KPU as Respondent mistakenly attached the Central Bengkulu Regency KPU decree in the Central KPU Decree No. 360 of 2024. It should have been the latest KPU Decree No. 442 of 2024, not No. 439.

At the hearing, the Central KPU had admitted its negligence. Bawaslu had also found it out at the hearing on April 30.

After the follow-up on the Court decision on legislative election results dispute in June, the Central KPU then issued the Central KPU Decree No. 1050 of 2024 on the amendment to the Central KPU Decree No. 360 of 2024, which included the Central Bengkulu Regency KPU Decree No. 442 of 2024, not No. 439.

The Court revealed that not only the Central Bengkulu Regency KPU Decree No. 439 of 2024 was still accessible on the Central Bengkulu Regency KPU legal documentation and information network (JDIH) page, but also Decrees No. 441 and No. 442 of 2024, which annulled the previous decrees. This was the Respondent’s way of providing transparency to the public of the legal products that it produced, so that the public could access them and found the chronology of the certification of vote recapitulation.

“This means that not only the regulations or decrees that are still in effect are accessible on the JDIH page as the Petitioner claimed, but also those already annulled. They remain accessible and [the public] can see why they were annulled, for example the Central Bengkulu Regency KPU Decree No. 442 of 2024 that annulled the Central Bengkulu Regency KPU Decree No. 439 of 2024 and No. 441 of 2024. Therefore, the Petitioner’s allegations were legally baseless,” Justice Arief said.

PAN requested the annulment of the Central KPU Decree No. 1050 of 2024, which attached the Central Bengkulu Regency KPU Decree No. 442 of 2024 on the DPRD election in Central Bengkulu Regency 3. Its objection was based on the fact that the Central KPU Decree No. 360 of 2024 before the Constitutional Court decision had attached the Central Bengkulu Regency KPU Decree No. 439 of 2024.

The amendment to the attachment to the Central KPU Decree No. 1050 of 2024 had harmed the Petitioner because PPP’s votes now exceeded PAN’s. PAN alleged that four votes had been given to PPP by the KPU. The Petitioner believed the KPU had inflated votes of the recount by validating invalid votes at five polling stations (TPS) in Central Bengkulu Regency 3 electoral district: TPS 01 of Taba Rena Village, TPS 01 of Karang Are Village, TPS 01 of Keroya Village, and TPS 01 of Temiang Village of Pagarjati Subdistrict as well as TPS 01 of Padang Burnai Village of Banghaji Subdistrict.

Also read:

PAN Challenges DPRD Votes in Central Bengkulu Regency 3

KPU Explains Error of Central Bengkulu Decree in National Certification of Election Results

Expert: Appendix Error in Central Bengkulu DPRD Election Certification a Flaw of Procedure

Final Decision

When opening the session, Chief Justice Suhartoyo emphasized that the rulings today would be final, and no legal action can be taken against them.

“The constitutional justices have convened [to decide] that today’s decisions and decrees are final. Therefore, no legal measures are available after the copies of the decisions are delivered or after the Relevant Party’s follow-up [on the decisions],” he said before delivering the legislative election results dispute decisions and decrees.

Author            : Mimi Kartika
Editor             : Lulu Anjarsari P.
PR                 : Tiara Agustina
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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