Legal counsel Wawan Sanjaya (left) at the preliminary examination hearing for Case No. 210/PHPU.BUP-XXIII/2025 on the Tana Tidung regent election results dispute, Thursday (1/9/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) - Tana Tidung regent-vice regent candidates 01 Said Agil-Hendrik questioned the rotation of state civil apparatus (ASN) in Case No. 210/PHPU.BUP-XXIII/2025. They alleged that the funds involved were used to support the campaign for the incumbent regent candidate 02, Ibrahim Ali.
This issue was raised at the preliminary examination hearing for the Tana Tidung regent election results dispute held on Thursday, January 9, 2025. The hearing was presided over by Constitutional Justices Arief Hidayat (panel chair), Enny Nurbaningsih, and Daniel Yusmic P. Foekh on panel 3.
The Petitioners’ legal counsel, Wawan Sanjaya, explained that Ibrahim Ali as the incumbent regent candidate had reshuffled state civil apparatus both before and after the certification of the Tana Tidung regent candidates from March 22 to September 22, 2024. This, according to the Petitioners, had violated Article 71 paragraphs (2) and (5) of Law No. 10 of 2016 on the Regional Election Law. Article 71 paragraph (2) states, “The Governor or Vice Governor, Regent or Vice Regent, and Mayor or Vice Mayor are prohibited from replacing officials 6 (six) months before the date of stipulation of the candidate pairs until the end of the term of office unless written approval from the Minister is obtained.” Meanwhile, Article 71 paragraph (5) stipulates, “In the event that Governors or Vice Governors, Regents or Vice Regents, and Mayors or Vice Mayors as incumbents violate the provisions as referred to in paragraph (2) and paragraph (3), the incumbents shall be subject to sanctions of disqualification as a candidate by the Provincial or Regency/City KPU.”
“What we specifically underline is the rotation of the regional secretary,” added Wawan.
The Tana Tidung regional secretary, Said Agil, is regent candidate 01. The rotation was based on Decree No. T.800.1.6.2/072/BKPSDM dated May 30, 2024, signed by Ibrahim Ali, Tana Tidung regent. In addition to Said Agil, Ibrahim Ali transferred three other civil servant apparatus from mid-May to August 2024. After the certification of the Tana Tidung regent candidate pairs, Ibrahim Ali as the incumbent transferred eight more state civil apparatus starting November 2024.
Use of Village Funds
The Petitioners also alleged that Candidate Pair 02, as the incumbent, had misused village funds. The head of the social, community empowerment, and village services (DISPMD) of Tana Tidung was ordered to allocate Rp30 million to each of the following villages to support the campaign of Ibrahim Ali: Bebakung, Belayan, Kapuk, Seputuk, Sambungan, Tengku Dacing, Mendupo, Priuk, Kujau, Buong Baru, Sebiday, Gunawan, Sepalang Dalung, Sesayap, Sesayap Selor, and Menjelutung.
“The funds were sourced from the village funds reserve to support or assist the election campaign of Candidate Pair 02,” stated Wawan.
He further stated that Ibrahim Ali had abused his authority to pressure several village heads in Tana Tidung to support the campaign of Candidate Pair 02. According to Article 71 paragraph (5) of the Regional Election Law, the candidate pair shall be subject to sanctions, including disqualification from participating in Tana Tidung election.
Fraud at Polling Stations
Furthermore, the Petitioners found indications of fraud at 16 polling stations (TPS), including misuse of voter data for individuals who were absent at the following stations: TPS 2 in Sepala Dalung Village, TPS 1 and TPS 2 in Sesayap Hilir Village, TPS 1 in Sambungan Village, TPS 1 in Kapuak Village, TPS 1 in Rian Rayo Village, TPS 1 in Sapari Village, TPS 1 in Seputuk Village, TPS 1 in Gunawan Village, TPS 1 in Sebawang Village, TPS 1 in Sebidai Village, TPS 1 in Sedulun Village, TPS 1, TPS 2, TPS 3, and TPS 4 in Tideng Pale Village.
In their petitums, the Petitioners requested the Court to annul the Tana Tidung KPU (Elections Commission) Decree No. 449 on the certification of the 2024 Tana Tidung regent election results dated December 6, 2024. The Petitioners also requested the Court to order the KPU to cancel or disqualify Candidate Pair 02.
Also, the Petitioners requested that the KPU conduct a revote at 16 polling stations mentioned. “[We request] that sanctions be imposed on the Relevant Party to ensure compliance with this decision,” said Wawan.
Author : Nawir Arsyad Akbar
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translators : Nazila Rikhusshuba/Yuniar Widiastuti (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.
Thursday, January 09, 2025 | 16:40 WIB 199