Marudut Hutajulu, the Petitioners' legal counsel at the preliminary hearing of the Toba regent election results dispute, Monday (1/13/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing on the Toba regent election results dispute on Monday, January 13, 2025. The hearing for Case No. 94/PHPU.BUP-XXIII/2025 was presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Ridwan Mansyur and Arsul Sani on panel 2. Regent Candidate Pair 1  Poltak Sitorus dan Anugerah Puriam Naiborhu questioned the status of Regent Candidate 1 Robinson Sitorus as a civil servant. Sitorus was still working as a civil servant and had not resigned from the Attorney General's Office of the Republic Indonesia at the time of his running.

According to Marudut Hutajulu, the Petitioners' legal counsel, in the statement issued by the National Civil Service Agency (BKN) No. 10627/B-MP.03.01/SD/D.IV/D.IV/2024 dated 5 Desember 2024, Sitorus was still listed as an active civil servant at the Attorney General's Office. This was a violation of Article 7 paragraph (2) of Regional Elections Law, which dictates civil servants who want to be regent candidates must file their resignation in writing.

Hutajulu questioned the credibility of the Toba KPU (Elections Commission) as the 2024 regent election organizer who accepted Sitorus's candidacy. The Petitioners felt aggrieved and believed their votes were diminished by Sitorus's unlawful participation. Thus, they believe Robinson's participation must be annulled because his status as a civil servant conflicted with the provisions of Article 7 paragraph (2) of Regional Elections Law.

"Robinson Sitorus should not have been eligible to acquire the votes on the basis that his participation is legally flawed and thus null and void," Hutajulu demanded.

Therefore, in their petitums, the Petitioners request that the Court order the Toba KPU to conduct a revote without the participation of Candidate Pair 2 Robinson Sitorus and Tommy M. Simanjuntak. They also quoted the Court Decision No. 41/PUU-XII/2014 which mandated civil servants running for the regent office to file their resignation in writing once they are elected.

The petition for Case No. 94/PHPU.BUP-XXIII/2025 can be accessed here.

Author : Ahmad Sulthon Zainawi.

Editor : N. Rosi

Translator : M. Hafidh Al Mukmin/Fuad Subhan

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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