Legal counsel M. Fandi Denisatria at the preliminary examination hearing for Case No. 225/PHPU.BUP-XXIII/2025 on the Nabire regent election results dispute, Wednesday (1/15/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) – Delpedro Marhaen Rismansyah, an election observer from the Citta Loka Taru Foundation, reported six violations in the Nabire regent election results dispute. He presented this as the Petitioner, filing a request to annul Decree No. 580 of 2024 issued by the Nabire Election Commission (KPU) on the certification of the 2024 Nabire regent election results.
The preliminary examination hearing for Case No. 225/PHPU.BUP-XXIII/2025 was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3 on Wednesday, January 15, 2025. The Nabire regent election was contested by two candidate pairs,, with the following vote acquisitions: Martinus Adii and Agus Suprayitno secured 43,936 votes, and Mesak Megai and Burhanuddin Pawennari received 73,049 votes.
Legal counsel Hasnu conveyed that the first identified violation was by the election organizers in five polling stations (TPS). The violation resulted in a revote at TPS 7 in Oyehe (499 final voters), TPS 12 in Karang Mulia (465 final voters), TPS 9 in Karang Tumaritis (327 final voters), TPS 9 in Siriwini (614 final voters), and TPS 11 in Siriwini (462 final voters).
"There was indeed a revote at five polling stations, Your Honor. However, what we are emphasizing is not the procedural aspect of democracy but rather the substantive aspect. The key message we are conveying is that this reflects a bad governance system," said Hasnu in the panel 3 courtroom.
The second finding involved a violation of the neutrality of state officials and state civil apparatus (ASN). Allegations were made regarding the non-neutrality of the Head of the National Unity and Politics Agency (Kesbangpol) of Nabire Regency, who was reportedly supporting Candidate Pair 02. Similar allegations were raised against the Head of the Nabire Health Service for providing support as well.
The third violation pertains to the neutrality and professionalism of the election organizers. Evidence of the non-neutrality and non-professionalism of the Nabire KPU was proven by the Election Organizer Ethics Council (DKPP) regarding the failure to hold a plenary meeting in determining the District Election Committee Secretariat (PPD), which did not meet the requirements and the assault on the Nabire KPU Secretary.
The fourth is the failure of the supervision function and follow-up of regional election violations by the Election Supervisory Body (Bawaslu). The fifth finding concerned intimidation and violence during the plenary vote count recapitulation, allegedly carried out by regent candidate 01, Martinus Adii, at TPS 5 in Nabire District.
"Finally, the sixth point concerns the complexity of the general election in Papua. Regarding this issue, Your Honor, there are seven aspects to address, starting from registration, the campaign period, distribution of election logistics, the quiet period, voting, and counting, and even after the certification of the elected candidate pair through a hearing at the Constitutional Court," said Hasnu.
He further added, "Therefore, in the context of the election process in Papua, it should not be viewed merely through the lens of procedural democracy. Once again, Your Honor, we sincerely hope that the decision made will address democracy in its substantive form".
In their petitum, the Petitioner requested the Court to annul the Nabire KPU Decree No. 580 of 2024 on the certification of the 2024 Nabire regent election results; order the Nabire KPU to repeat the stages of the implementation, starting from the announcement for the registration of candidate pairs up to the determination of the elected candidate pair; and instruct the Nabire Bawaslu to carry out its duties and exercise its authority during the election.
Furthermore, the Petitioner requested that the Court order the KPU of the Republic of Indonesia to supervise and coordinate with the KPU of Central Papua and the KPU of Nabire, and order the Bawaslu of the Republic of Indonesia to supervise and coordinate with the Bawaslu of Central Papua and the Bawaslu of Nabire Regency in executing the Court’s decision.
Author : Nawir Arsyad Akbar
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
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.
Wednesday, January 15, 2025 | 10:10 WIB 22