Sahrul-Gun Gun Challenge Official Replacements Before Bandung Regent Election Bambang Wahyu Ganindra (right) and Intan Permatasari (left) as legal counsel for the 2024 Regent and Vice Regent candidate pair number 01 of Bandung Regency, Sahrul Gunawan and Gun Gun Gunawan, Wednesday (1/8/2025). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) – The replacement of civil servant officials carried out by the Bandung Regent Candidate Number 02, Dadang Supriatna, on March 22, 2024—six months prior to the 2024 Regional Head Election (Pilkada)—was used as the primary argument by the 2024 Bandung Regent-Vice Regent Candidates Number 01, Sahrul Gunawan and Gun Gun Gunawan (the Petitioners), in their petition to the Constitutional Court (MK). The preliminary examination hearing for the 2024 regent election results dispute was presided over by the Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and  M. Guntur Hamzah at panel 1 on Wednesday, January 8, 2025.

In the hearing for Case No. 85/PHPU.BUP-XXIII/2025, Bambang Wahyu Ganindra (legal counsel) presented the essence of petition regarding alleged violations of Article 71 paragraph (2) of Law Number 10 of 2016 stating that "Governors or vice governors, regents or vice regents, and mayors or vice mayors shall be prohibited from replacing officials within six (6) months prior to the date of certification of the candidate pair until the end of their term of office unless written approval is obtained from the minister."

According to the Petitioners, as the incumbent Regent of Bandung, the regent candidate from Candidate Pair 02 was fully aware of the consequences of violating the article and, therefore, shall be subject to the sanction of disqualification from candidacy as mandated by Article 71 paragraph (5) of Law Number 10 of 2016 stating "In the event that a governor or vice governor, regent or vice regent, and mayor or vice mayor as an incumbent violates the provisions referred to in paragraphs (2) and (3), the incumbent shall be disqualified as a candidate by Provincial or Regency/City General Elections Commissions (KPU)." Based on this provision, the Elections Supervisory Body (Bawaslu) of Bandung Regency is obligated to recommend to the Respondent the disqualification of the regent candidate, either before or after the official designation as a regent and vice regent candidate pair.

Bambang further alleged that the regent candidate engaged in self-benefiting practices by using a personal logo in official programs and activities of the Bandung Regency Government, which was subsequently employed as his campaign logo during the regional election. Since June 19, 2024, the candidate—still serving as the Regent of Bandung—introduced a logo associated with himself in the 2024 regional election, which occurred three months prior to the designation of Candidate Pair 02. Additionally, the candidate pair was accused of committing further violations, including attending polling stations (TPS) wearing symbolic clothing that demonstrated their campaign materials to influence voters. They also attended the regency-level vote recapitulation process without authorization or invitation.

"The KPU has been warned by the public, but it failed to act on the warning. Even Bawaslu did not impose sanctions on the KPU for its failure to take action against Candidate Pair 02," said Bambang.

The Petitioners requested that the Court nullify the the Bandung Regency KPU Decree No. 2471 on the certification of the 2024 Bandung regent election results issued on Wednesday, December 4, 2024, at 05:14 PM WIB relating to the vote acquisition for Candidate Pair 02. They also requested the Court to annul Decree No. 1458 of 2024 on the certification of candidate pairs for the 2024 Bandung regent and vice regent election dated September 22, 2024, and Decree No. 1459 of 2024 on the determination of serial numbers for candidate pairs for the 2024 Bandung regent and vice regent election dated September 23, 2024 relating to the disqualification of Candidate Pair 02 from participating in the 2024 election. Additionally, the Petitioners requested that the Court determine that the vote acquisition of Candidate Pair 01 amounted to 827,240 votes and Candidate Pair 02 received 0 votes.

Also read the link to Sahrul-Gun Gun's petition: Case No. 85/PHPU.BUP-XXIII/2025

Author  : Sri Pujianti
Editor   : N. Rosi
Translators     : Nazila Rikhusshuba/FS (RA)

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.

 

---