Legal counsel Donal Fariz at the preliminary examination hearing for Case No. 218/PHPU.WAKO-XXIII/2025 on Makassar mayor election results dispute, Friday (1/10/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) – Makassar mayor-vice mayor candidates 03 Indira Yusuf Ismail-Ilham Ari Fauzi A Uskara argued that structured and systematic violations occurred, hindering voters' ability to exercise their voting rights in the Makassar mayor election. This issue was highlighted by the large number of voters listed under a single family card (KK) yet casting their votes at different polling stations (TPS).

The preliminary examination hearing for Case No. 218/PHPU.WAKO-XXIII/2025 was presided over by Constitutional Justices Arief Hidayat, Enny Nurbaningsih, and Daniel Yusmic P. Foekh on panel 3 on Friday, January 10, 2025. The Makassar city mayor election featured four candidate pairs: Candidate Pair 01 Munafri Arifuddin-Aliyah Mustika with 319,112 votes, Candidate Pair 02 Andi Seto Gadhista Asapa-Rezki Mulfiati Lutfi with 162,427 votes, Candidate Pair 03 Indira Yusuf Ismail-Ilham Fauzi Ari A Uskara with 81,405 votes, and Candidate Pair 04 Muhammad Amri Arsyid-Abd. Rahman Banda with 20,247 votes.

In the petition, the Petitioners contended that there were alleged violations involving the polling station working committee (KPPS) affiliated with a specific candidate pair. The Makassar Election Commission (KPU) as the Respondent was accused of obstructing voters' ability to exercise their right to vote. One of the claims is that the Makassar KPU created difficulties for voters and favored certain candidate pairs by designating polling stations far from voters' addresses, including assigning voters from the same family card (KK) to different polling stations. "Voters from the same family card but different polling stations," said legal counsel Donal Fariz in panel 3 courtroom.

This issue was closely tied to the authority and duties of the Makassar KPU, which holds the responsibility and access to information in compiling and determining the voter list until it is established as the final voter list (DPT). The Makassar KPU must adhere to the provisions of Article 9 paragraph (2) of the KPU Regulation (PKPU) Number 7 of 2024, which outlines the guidelines for compiling the voter list in the context of governor, regent, and mayor elections. This regulation stipulates that the compilation of the voter list must involve dividing voters for each polling station TPS into a maximum of 600 people, taking into consideration: (a) avoiding the combination of villages or other administrative divisions; (b) ensuring convenience for voters in accessing polling stations; (c) preventing the separation of voters from the same family across different polling stations; and (d) taking local geographic factors into account.

The Makassar KPU's decision to assign polling stations (TPS) far from voters' domicile addresses, according to the Petitioners' legal counsel, obstructed voters' ability to exercise their right to vote, potentially depriving them of this right and causing harm to the Petitioners. The legal counsel referred to Constitutional Court Decision No. 102/PUU-VII/2009, which affirms that voting, as a constitutional right, must not be impeded or obstructed.

Ghost Voters

Furthermore, the Petitioners alleged that voter attendance was manipulated in a structured and systematic manner through fake signatures from "ghost voters" on the final voter attendance list (DHPT). They compared the signatures on the ID cards with those on the DHPT across 32 villages and 15 districts.

The alleged signature forgery was identified through four key indicators: (1) difference between the voters’ signatures on the ID card and the DHPT; (2) confessions from the KPPS officers stating that the KPPS itself signed the DHPT; (3) statements from voters present at the polling stations but were not asked to sign the DHPT; and (4) identical signatures appearing next to two or more names on the same DHPT.

"The alleged pattern of forged signatures on the attendance list forms was not sporadic, but rather occurred on a large scale, consistently, and evenly distributed across 308 polling stations in 153 villages and 15 districts in Makassar," said Donal.

In their petitum, the Petitioners requested the Court to annul the Makassar KPU Decree No. 2080 of 2024 on the certification of the 2024 Makassar mayoral elections results dated December 6, 2024. They further requested the Court to certify the KPU decree as null with zero results for all candidate pairs. The Court was also requested to order the Makassar KPU to conduct a revote in all districts and villages in Makassar, appoint new chairpersons and members of the KPPS and the PPK (district election committee) in all villages and districts, and mandate the KPU of the Republic of Indonesia and the South Sulawesi KPU to supervise and coordinate with the Makassar KPU in implementing this verdict.

"Next, [we request the Court to] order the Indonesian Election Supervisory Body and the South Sulawesi Election Supervisory Body to supervise and coordinate with the Makassar Bawaslu in implementing this verdict," said the legal counsel Amnasmen.

Amnasmen further added, "[We request the Court to] order the Indonesian National Police and its ranks, especially the South Sulawesi Police and the Makassar Police and its ranks, to secure the revote process for the Makassar mayor and vice mayor election in accordance with their authority".(*)

Author  : Nawir Arsyad Akbar
Editor   : Lulu Anjarsari P.
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.

 

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