The Constitutional Court held a hearing to pronounce the ruling on the General Election Results Dispute (PHPU) Legislative of Lahat 4 on Monday (19/08) in the Constitutional Court. Photo by MKRI/Ifa.
JAKARTA, MKRI - The Constitutional Court (MKRI) partially granted the petition filed by the Golongan Karya (Golkar) Party regarding the General Election Results Dispute (PHPU) of the Lahat Regency DPRD member of the Lahat 4 Election District (Dapil). The Court stated that the correct results of the vote acquisition of candidates for DPRD Lahat District 4 in six polling stations in Tanjung Tebat District, Lahat Regency, South Sumatra, based on the results of the recount of valid ballots that had been carried out in the Court hearing.
“Ordering the Respondent to combine the vote acquisition results of the recount of ballots in dictum number 2 above with the results of the vote acquisition that was not cancelled based on the General Election Commission Decree Number 1050 of 2024,” said Chief Justice Suhartoyo, accompanied by seven constitutional justices, in a hearing to pronounce Decision Number 290-01-04-06/PHPU.DPR-DPRD-XXII/2024 on Monday (19/8/2024) in the Plenary Courtroom of the Constitutional Court, Jakarta.
In dictum number 2, the Court specified the correct results for the vote acquisition at six polling stations: polling station 1 and polling station 2 in Tanjung Kurung Ulu Village, polling station 2 in Tanjung Menang Village, polling station 1 and polling station 2 in Padang Perigi Village, and polling station 1 in Tanjung Kurung Ilir Village, all located in Tanjung Tebat Subdistrict. Consequently, the Court annulled KPU Decree No. 1050 of 2024 regarding the vote acquisition for Lahat Regency DPRD candidates in the Lahat 4 electoral district at these six polling stations. The Court directed the KPU, as the Respondent, to determine and announce the corrected vote acquisition results in accordance with statutory provisions.
Earlier, the Court had instructed the KPU to conduct a recount of the ballots for DPRD Lahat Regency Dapil 4 during the PHPU hearing at the Constitutional Court. The recount took place on Friday, August 16, 2024, from 08:00 WIB to 17:00 WIB in the Plenary Courtroom of the Constitutional Court in Jakarta.
The opening of ballot boxes was conducted at six polling stations: polling station 1 and polling station 2 in Tanjung Kurung Ulu Village, polling station 2 in Tanjung Menang Village, polling station 1 and polling station 2 in Padang Perigi Village, and polling station 1 in Tanjung Kurung Ilir Village, all within Tanjung Tebat Subdistrict. The recount process was organized into three panels, with each panel responsible for opening four ballot boxes. Each panel examined two ballot boxes for the election of DPRD Lahat Regency Dapil 4 from two polling stations and two ballot boxes for the presidential and vice-presidential elections from the same two polling stations. The presidential election ballot boxes were opened solely to verify the voter list.
The KPU matched the number of ballots in each box with the number of voters listed in the Model C.Final Voters List-KPU, Model C.Additional Voters List-KPU, and Model C.Special Voters List-KPU. Additionally, the KPU compared the signatures of the KPPS on the ballot papers with those recorded in the Model C form. If there was a disagreement between the parties regarding the matching of signatures on the ballot papers, the Panel of Justices was responsible for determining the validity of these signatures.
After the recount of the ballots, the Panel of Justices requested each party on each panel to provide a brief report on the recount process. For instance, Firnanda, the Petitioner's legal counsel, reported that there was no C.Form Result document in the ballot box presented by the KPU during the hearing. Additionally, Firnanda pointed out a discrepancy in the signature of the KPPS Chairperson on the ballot paper when compared to the signature on the C.Form Result presented by the Court. This discrepancy in signatures became a point of contention and was debated during the recount process at the Court.
Following the recount, the Constitutional Court prepared the Minutes of the Opening of Ballot Boxes for Case Number 290-01-04-06/PHPU.DPR-DPRD-XXII/2024 (South Sumatra Province). These minutes, which were attached to the Court's final decision, documented the results of the ballot recount and included reports from each party involved. The minutes were signed by the parties, as well as by Constitutional Justices Arief Hidayat, Arsul Sani, and Enny Nurbaningsih, as part of the official record for the case.
Also read:
Ballot Boxes from Six Polling Stations in Lahat DPRD Electoral District 4 Recounted in Court Hearing
Court Orders KPU to Present Ballot Boxes from 6 Polling Stations in Lahat 4
KPU Rejects Golkar Party's Argument for Recount in Lahat 4
Golkar Party Calls for Ballot Recount in Lahat District 4 Polling Stations
Court Orders Recount for 6 Polling Stations in Lahat 4, South Sumatera
For your information, the Golkar Party argued in its petition that the KPU did not conduct the ballot recount as required by the Constitutional Court’s decision Number 275-01-05-06/PHPU.DPR-DPRD-XXII/2024 from the previous PHPU case. The petitioner stated that although the KPU of Lahat Regency attempted to carry out the recount on June 19, 2024, the process was problematic. As a result, the recount was moved to the KPU of South Sumatra Province on June 20, 2024, for proper implementation.
According to the Petitioner, the KPU failed to reconcile the voter attendance lists from the Final Voters List (DPT), Additional DPT (DPTb), and Special Voters List (DPK) at various polling stations. Specifically, issues were noted at polling station 1 and polling station 2 in Tanjung Kurung Ulu Village, polling station 2 in Tanjung Menang Village, polling station 1 and polling station 2 in Padang Perigi Village, and polling station 1 in Tanjung Kurung Ilir Village, all located in Tanjung Tebat Subdistrict. This discrepancy in matching the lists occurred during the implementation of the ballot recount.
This case is a continuation of Case Number 275-01-05-06/PHPU.DPR-DPRD-XXII/2024 in which Golkar Party is a Related Party and the Petitioner is the National Democratic Party (Nasdem).
Author: Mimi Kartika.
Editor : N. Rosi.
PR : Tiara Agustina.
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 | 15:22 WIB 38