Legal counsel Kaharuddin Syah (right) at the preliminary hearing on the 2024 Sigi Regency election results dispute, Monday (1/13/2025) in panel 3 courtroom. Photo by MKRI/Bayu.

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JAKARTA (MKRI) – Candidate Pair 02 Mohamad Agus Rahmat Lamakarate and Samuel Riga filed a petition requesting the annulment of the Sigi Regency KPU (Elections Commission) Decree No. 211 of 2024 concerning the certification of the 2024 Rigi Regency election results dated December 5, 2024. The Petitioners argued that the decree was legally flawed.

The preliminary hearing for case No. 149/PHPU.BUP-XXIII/2025 was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3 on Monday, January 13, 2025. The Sigi Regency election was contested by four candidate pairs. Candidate Pair 01 Mohammad Irwan-Samuel Yansen Pongi (incumbents) won the election with 55,201 votes. Meanwhile, the Petitioners received 46,496 votes.

“KPU Decree No. 211 of 2024 is the object of the dispute. The KPU decree, in our opinion, is legally flawed. Because of the different time between the certification and the announcement, it was certified on December 5, [2024] and announced on Saturday, [December 6, 2024]. That was Saturday. It was written Saturday, but it was dated December 7,” said the Petitioners’ legal counsel Kaharuddin Syah in the panel 3 courtroom on Monday, January 13, 2025.

Kaharuddin stated that the discrepancy between the day and date in the Sigi Regency KPU decree had created uncertainty for the Petitioners in determining the petition’s deadline. As a result, the Petitioners argued that Sigi Regency KPU Decree No. 211 of 2024 is legally flawed and should be annulled.

Sigi Regency KPU’s Violation

The Petitioners also alleged that the Sigi Regency KPU had committed a violation in this regent-vice regent election because several final voters who carried a notification letter (C-voting form) were denied the right to vote at the polling stations (TPS).

The reason they were not allowed to vote, despite having the C-voting form was due to an explanation provided by the Central Sulawesi KPU to the Poso Regency KPU through letter No. 1938/PP.02-SD/72/2.1/2024 concerning non-ID voters in the 2024 simultaneous election. This clarification was interpreted to mean that only voters possessing electronic ID cards (e-KTP) or population biodata were permitted to vote on election day.

“The explanation concerning this population biodata, as the Petitioners believe, is unable to be thoroughly and concretely explained by the election organizers, the Sigi Regency KPU,” said legal counsel Samsul Y. Gafur.

However, shortly before the voting, the Central KPU issued a clarification via letter No. 2734/PL.02.6-SD/06/2024 dated November 26, 2024 regarding the provisions for voting and vote counting. The letter clarified that voters may use their voting rights as long as they are listed on the final voters list (DPT) and present the C-voting form.

“So, any kind of identification is allowed (for voting), as long as it follows these three criteria: photo, name, and date of birth. However, this information is not thoroughly spread to all KPPS (KPPS (polling station working committee) on election day, so many KPPS members are not aware of it or apply different rules,” said Samsul.

Violation by Incumbent

Samsul also highlighted that the incumbent vice-regent candidate Samuel Yansen Pongi had allegedly committed a violation in the form of campaign outside the specified time. It happened at Bina Insani work camping for Palolo and Nokilalaki Districts with teachers as participants. Pongi promised specific rewards in exchange for their votes in the Sigi Regency election.

Second, Pongi committed intervention by providing fake information and violating election rules. As an incumbent, he visited one of the polling stations and stated that all voters with e-KTP outside their domicile are allowed to vote as long as they present the C-voting form.

“We, the Petitioners, believe that people from outside the electoral district could not receive a notification letter, but the emphasis is that the information stating that even if they were from outside the electoral district as long as they brought their e-KTP and C-notice they can [vote] is misleading,” said Samsul.

In the petitums, the Petitioners requested the Court to declare the annulment of the Sigi Regency KPU Decree No. 211 of 2024 concerning the certification of the 2024 Sigi Regency election results dated December 5, 2024.

“[We request the Court to] order to the Sigi Regency Elections Commission to do a revote at all polling stations in Sigi Regency,” asserted Samsul.

Author: Nawir Arsyad Akbar
Editor: Lulu Anjarsari P.
PR: Tiara Agustina
Translators: Syifa Amelia/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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