The Respondent's legal counsel La Radi Eno at the examination hearing for Case No. 85/PHPU.BUP-XXIII/2025 on the Bandung regent election results dispute, Friday (1/17/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) – The Bandung Election Commission (KPU) stated that it has never received a recommendation from the Bandung Election Supervisory Body (Bawaslu) to disqualify Bandung regent candidate 02 Dadang Supriatna (Relevant Party). As a result, the Bandung KPU (Respondent) was unable to disqualify Candidate Pair 02 in the 2024 Bandung regent election, as requested by Candidate Pair 01 Sahrul Gunawan and Gun Gun Gunawan (Petitioners).

This response from the Bandung KPU (Respondent) was delivered by its legal counsel, La Radi Eno, at the examination hearing for Case No. 85/PHPU.BUP-XXIII/2025 on the Bandung regent election results dispute held at the Constitutional Court on Friday, January 17, 2025. The hearing was scheduled to hear the responses of the Respondent, the Relevant Party, and Bawaslu, which was presided over by Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah in one of the courtrooms.

In response to the petition filed by the 2024 Bandung regent-vice regent candidates 01, Sahrul Gunawan and Gun Gun Gunawan (Petitioners), the Respondent addressed the claim regarding the Relevant Party's personal logo, which the Petitioners argued gave an unfair advantage and was used as a campaign logo. La Radi Eno explained that in June, the Respondent was focused on overseeing the election process, including forming the district election committee (PPK), polling committee (PPS), and polling station working committee (KPPS); notifying and registering voter observers; and verifying support requirements for independent candidates. As a result, the Respondent was unaware of the campaign logo issue raised by the Petitioners. Furthermore, the Respondent clarified that they never received any recommendations from Bawaslu concerning the logo of Candidate Pair 02.

"In essence, we do not have or have not received any recommendations from Bawaslu and Panwaslu. We only received an invitation to attend the hearing at PT TUN Jakarta [State Administrative High Court] at the Petitioners’ request. The hearing result was NO (Niet Ontvankelijke Verklaard) because the formal requirements were not met, specifically the lack of legal standing and the absence of a copy of the Bawaslu decision," explained La Radi Eno in response to the Chief Justice's inquiry regarding the Petitioners’ case filed to PT TUN Jakarta.

 No Impact on Voter Choice

Donal Fariz, the Relevant Party’s legal counsel, testified that the logo used by Dadang Supriatna was not part of the Bandung Regency Government program or activities, as prohibited under Article 71 paragraph (3) of the Regional Election Law. The report concerning this argument was submitted to Bawaslu and addressed through a notification letter regarding the report status, which indicated the termination of the case-handling process. The termination was based on the finding that the report did not prove to be a violation of election crimes and did not meet the elements required by the alleged article.

"Moreover, the Petitioners cannot prove that the logo influenced the public's choice of the Relevant Party," explained Donal.

Bawaslu’s Appeal

The Bandung Bawaslu testified that the inauguration of several officials within the Bandung Regency Regional Government was considered detrimental to the Petitioners. Head of the Bandung Bawaslu, Kahpiana, stated that on March 22, 2024, the Bandung Government issued a letter canceling the inauguration of the officials. Based on the investigation by the Bandung Bawaslu regarding the cancellation, the petition for the election dispute settlement was declared unregistered, in accordance with the provisions of Article 23 paragraph (4) of Bawaslu Regulation Number 2 of 2020 on Procedures for the settlement of disputes for the election of governor and vice governor, regent and vice regent, and mayor and vice mayor.

"Bawaslu has issued an appeal by providing a notification form for the registration of a petition for the election dispute settlement, which, in essence, does not meet the material requirements," said Kahpiana.

Also read: Sahrul-Gun Gun Challenge Official Replacements Before Bandung Regent Election 

At the preliminary examination hearing on Wednesday, January 8, 2025, Candidate Pair 01 Sahrul Gunawan and Gun Gun Gunawan (Petitioners) argued that the replacement of officials was carried out by candidate regent 02 Dadang Supriatna on March 22, 2024, or six months before the 2024 regional head election. In the hearing for Case No. 85/PHPU.BUP-XXIII/2025, Bambang Wahyu Ganindra, as the Petitioners’ legal counsel, conveyed the petition on a violation of the provisions of Article 71 paragraph (2) of Law 10/2016. The Petitioners argued that the incumbent Regent of Bandung, the regent candidate from Candidate Pair 02 was fully aware of the consequences of violating the article and, therefore, shall be subject to the sanction of disqualification from candidacy as mandated by Article 71 paragraph (5) of Law Number 10 of 2016. Based on this provision, the Bandung Bawaslu is obligated to recommend to the Respondent the disqualification of the regent candidate, either before or after the official designation as a regent and vice regent candidate pair.

Bambang further alleged that the regent candidate engaged in self-benefiting practices by using a personal logo in official programs and activities of the Bandung Regency Government, which was later adopted as his campaign logo for the regional election. Starting from June 19, 2024, the candidate—who was still serving as the Regent of Bandung—introduced a logo associated with himself for the 2024 regional election, which occurred three months before the designation of Candidate Pair 02. Additionally, the candidate pair was accused of committing other violations, including attending polling stations (TPS) wearing symbolic clothing that displayed their campaign materials to influence voters. They were also alleged to have attended the regency-level vote recapitulation process without authorization or invitation.

Also read the petition for Case No. 85/PHPU.BUP-XXIII/2025

Response from the Bandung KPU (Respondent)

Statement from the Relevant Party

Statement from Bawaslu

Author  : Sri Pujianti
Editor   : N. Rosi
Translator     : Nazila Rikhusshuba/Fuad Subhan (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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