The Petitioners’ legal counsel for Musthakim Alghosyaly at the preliminary hearing of Case Number 164/PHPU.BUP-XXIII/2025 disputing the Kapuas regent election results, Monday (1/13/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Kapuas Regency Regent-Vice Regent Candidate Pair Number 04 Erlin Hardi and Alberkat Yadi petitioned for the cancellation of the Kapuas Regency KPU (Elections Commission) Decree Number 1747 of 2024 concerning the certification of the 2024 Kapuas Regency regent election results to the Constitutional Court (MK). The preliminary hearing was presided over by Chief Justice Suhartoyo (panel chair) along with Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah on panel 1 on Monday, January 13, 2025.

At the hearing for Case Number 164/PHPU.BUP-XXIII/2025, the Petitioners’ legal counsel Musthakim Alghosyaly described the vote acquisition of the candidate pairs as certified by the KPU (Respondent): Candidate Pair Number 01 Muhammad Wiyatno-Dodo received 53. 367 votes, Candidate Pair Number 02 Prince Syarif Abdurrahman Bahasyim-Tommy Saputra received 8,559 votes, Candidate Pair Number 03 Muhammad Alfian Mawardi-Agati Sulie Mahyudin received 45,236 votes, the Petitioners received 47,763 votes, and Candidate Pair Number 05 Dealdo Dwirendragraha Bahat-Parij Ismenth Rinjani received 24,113 votes.

Meanwhile, the Petitioners claimed the election results were as follows: Candidate Number 01 Muhammad Wiyatno-Dodo with 45,867 votes, Candidate Number 02 Prince Syarif Abdurrahman Bahasyim-Tommy Saputra with 8,559 votes, Candidate Number 03 Muhammad Alfian Mawardi-Agati Sulie Mahyudin with 45,236 votes, the Petitioner with 47,763 votes, and Candidate Number 05 Dealdo Dwirendragraha Bahat-Parij Ismenth Rinjani with 24,113 votes. There were 171,538 valid votes, 16,224 invalid votes, with a total of 187,762 votes.

According to the Petitioners, the difference in the vote counts resulted from a violation of the principles of free, fair, and democratic elections. This can be seen in the vote acquisition in West Kapuas District and Mantangai District. “Even during clarification with the Kapuas Regency Bawaslu (Elections Supervisory Body), witnesses confirmed money politics practices in several areas, such as Sei Sungai Village of West Kapuas District and Mantangai Hulu Village in Mantangai District, to vote for Candidate Pair Number 01,” said Musthakim from the plenary courtroom.

Flooding

The Petitioners also argued that the Respondent had allegedly reduced voter participation by not postponing voting in a number of districts affected by flooding. Four districts had been hit by floods since November 26, 2024, including Pasak Talawang, Timpah, Central Kapuas, and Mantangai. Based on the D-result regency/city-KWK regent/mayor model form, the voter turnout in these four districts tended to be less than the average of final voters in all districts in Kapuas Regency.

The Petitioners also argued about the Respondent’s delivery of the C-notification KWK model forms or invitations to vote to 36,634 voters. This is known from the D-result regent/city KWK regent/mayor model forms of C-notification regent/city KWK model forms. Psychologically, not getting an invitation is often considered as not having the right to vote or not being able to vote. So, it is very natural that people do not go to the polls because of the absence of an invitation. As the superior of the KPPS (polling station working committee), the Respondent was responsible for the failure to distribute these invitations. Thus, it is clear and obvious that the Respondent has harmed the spirit of direct and general elections. “The voter invitations that were not given were in Mantangi District, which is the Petitioners’ voters’ base according to survey, so it is very detrimental to the Petitioners,” said legal counsel M. Junaedi Lumban Gaol.

occurred, the Petitioners requested that the Court disqualify Candidate Pair Number 01 Muhammad Wiyatno-Dodo from the 2024 Kapuas regent election; order the Central KPU to take over and conduct a revote in Central Kapuas, Mantangi, Pasak Talawang, and Timpah Districts without Candidate Number 01 within one month after the Court’s decision is rendered.

Also read the petition for Case No. 164/PHPU.BUP-XXIII/2025.

Author              : Sri Pujianti
Editor                : N. Rosi
Translators        : Dinita Aktivia/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.

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