Resignation Requirement, Vote Buying, and Transfer of Ballot Boxes Challenged
Image

Petitioner Kelvin Keliduan and legal counsel Marhendra Handoko at the preliminary examination hearing for Case No. 161/PHPU.BUP-XXIII/2025 on the Tanimbar Islands regent election results dispute, Tuesday (1/14/2025). Photo by MKRI/Ifa.


JAKARTA (MKRI) - Unfulfilled formal requirements became the focus of Petition No. 161/PHPU.BUP-XXIII/2025 on the Tanimbar Islands regent election results dispute. The petition, presented by Candidate Pair 03 Melkianus Sairdekut and Kelvin Keliduan (Petitioners), was delivered at the preliminary examination hearing on Tuesday, January 14, 2025. The hearing was held in Building I of the Constitutional Court (MK) and presided over by Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah.

The Respondent is the Tanimbar Islands Election Commission (KPU), while the Relevant Party is Candidate Pair 03 Ricky Jauwerissa and Juliana Chatarina Ratuanak.

In this case, the formal requirements argued by the Petitioners pertain to the eligibility of the Relevant Party as a candidate pair. They question their candidacy, asserting that Ricky Jauwerissa had not resigned from his position as Vice Chairperson of the Regional Representative Council (DPRD) of Tanimbar Islands.

"Until this petition was read by the Petitioners in this Court, Your Honor, Ricky Jauwerissa had never submitted his resignation letter," said Kelvin Keliduan at the hearing.

According to the Petitioners, the Relevant Party should have resigned, as required by Article 7 Paragraph (2) Letter s of Law Number 10 of 2016 in conjunction with Article 14 Paragraph (2) Letter q of the General Election Commission Regulation Number 8 of 2024. They supported the argument with evidence that the Relevant Party continued to receive salary and allowances. Therefore, they argued that the Tanimbar Islands KPU, as the Respondent, should not have ratified the candidacy of the Relevant Party in the election contest.

"It is very clear and obvious that Ricky Jauwerissa is still utilizing state facilities with his position, so it is only right that the Respondent declares Ricky Jauwerissa's registration as incomplete and rejected," said Kelvin.

The arguments presented regarding this position were further examined by the Constitutional Justices on panel 1, who sought to verify the written evidence. The Petitioners disclosed that no letter of dismissal or resignation from the Relevant Party was submitted during registration with the KPU. Furthermore, the Petitioners acknowledged receiving a response letter from the Governor of Maluku, stating that the Relevant Party had not resigned.

Furthermore, the Petitioners also argued for indications of vote buying or “money politics”. Among the money politics practices argued, one occurred at the Galaxy Hotel on November 25, 2024. According to the Petitioners, it was carried out during the quiet period (a specific time frame immediately before voting takes place, during which election campaigning is prohibited), amounting to Rp100 million.

"They were given a cash amount of Rp100,000,000 by Candidate Pair 03 and were instructed to distribute it to the public and/or voters," he stated.

The practices of money politics also occurred in various locations, including Makatian Village, Arui Das Village, Latdalam Village, Atubul Da Village, and Kelaan Village.

The Petitioners also alleged the transfer of 40 ballot boxes containing pre-marked ballots from Adaut Village, the capital of Selaru District, to Saumlaki City, the capital of Tanimbar Islands Regency. According to the Petitioners, the transfer was carried out under the Respondent's instructions, based on information from the Tanimbar Islands Police Chief, who indicated a potential for chaos in Adaut Village.

"Of course, Your Honor, it is different when the ballot boxes already contain votes that have been marked compared to those containing unmarked ballots," stated Kelvin.

Based on the arguments presented, the Petitioners requested in their petitum that the Court annul the Tanimbar Islands KPU Decree No. 569 of 2024 on the certification of the 2024 Tanimbar Islands regent election results. Additionally, they also requested the disqualification of the Relevant Party.

Also read the petition for Case No. 161/PHPU.BUP-XXIII/2025

Author  : Ashri Fadilla
Editor   : N. Rosi
Translators     : Nazila Rikhusshuba/FS

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.


Tuesday, January 14, 2025 | 10:37 WIB 30