Chief Justice Suhartoyo and Deputy Chief Justice Saldi Isra presiding over the ruling hearing for the Pangkalpinang City DPRD election results dispute, Monday (8/19/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) declared it was not authorized to adjudicate the case petitioned by Pangkalpinang City DPRD candidate number 1 from the Democratic Party Rosdiansyah Rasyid at the ruling hearing on the 2024 election results dispute of the DPR (House of Representatives), provincial and regency/city DPRD (Regional Legislative Council) on Monday, August 19, 2024.

Chief Justice Suhartoyo said the object of the case No. 294-02-14-09/PHPU.DPR-DPRD-XXII/2024 should have been the Respondent’s decision on the nation-wide certification of the elected DPR/DPRD candidates that affected the Petitioner’s seat acquisition and/or the election of those candidates in a certain electoral district, as stipulated in Article 5 of the Constitutional Court Regulation (PMK) No. 2 of 2023.

Meanwhile, the actual object of the petition was the Pangkalpinang City Elections Commission (KPU) Decree No. 184 of 2024 dated May 2, 2024—not 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 following the provisions of Article 474 paragraph (1) of Law No. 7 of 2017 on General Elections and Article 5 of PMK No. 2 of 2023.

In addition, the chief justice added, in his petitum the Petitioner requested that the Court delay the implementation of and annul the KPU Decree No. 184 of 2024, without any mention of the Respondent’s decree that should have been the object of the petition.

“Based on the justice deliberation meeting on August 16, 2024, [the constitutional justices] concluded that the object of the Petitioner’s petition is not the nationwide certification of the 2024 legislative election results as meant by Article 474 paragraph (1) of Law No. 7 of 2017 and Article 5 of PMK No. 2 of 2023,  so it is not the Court’s authority to adjudicate,” he stressed.

Also read:

Tied Votes Between Two Pangkalpinang City Democrat Candidates

KPU Explains Certification of Pangkalpinang City 4 DPRD Members-Elect

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
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.

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