The Respondent’s legal counsel Missiniaki Tommi (third left) at a hearing for Case Number 21/PHPU.BUP-XXIII/2025 on the Kuantan Singingi regent election, Friday (1/17/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing on the Kuantan Singingi regent election results dispute to hear the testimonies of the Respondent, Relevant Party, and Bawaslu on Friday, January 17, 2025 in panel 3 courtroom. Candidate Pair Number 2 Adam and Sutoyo have filed a petition with Case Number 21/PHPU.BUP-XXIII/2025.

On behalf of the Kuantan Singingi Regency KPU (Elections Commission) as Respondent, legal counsel Missiniaki Tommi asserted that the Petitioners’ request to disqualify a candidate pair is not the Constitutional Court’s (MK) authority. The Petitioners’ arguments on violations of Article 71 paragraphs (2) and (3) of the Regional Election Law would more appropriately be handled by the KPU, Bawaslu (Elections Supervisory Body), State Administrative Court (PTUN), or Supreme Court (MA).

The disqualification of a candidate pair in a regional head election is the KPU’s authority after a recommendation from Bawaslu. This process is categorized as an election administration dispute that must be resolved according to the mechanism stipulated in the Regional Election Law. The Respondent asserted that the decision to disqualify a candidate pair must be based on a recommendation from the Kuantan Singingi Bawaslu.

Tommi explained that the provision prohibiting reshuffle of officials within six months before the certification of candidate pairs does apply, unless there is approval from the authorized official. “In the process of determining the candidate pairs for the Kuantan Singingi Regency election, the KPU gave the community, including all candidate pairs, the opportunity to give inputs and responses before issuing Decree No. 1071 on the certification of the candidate pairs dated September 22, 2024,” he explained.

He emphasized that the KPU had never received a recommendation regarding such a violation from Bawaslu. “We have never received a recommendation or notification regarding reshuffle violations. The fact is that reshuffle happened, but it was not carried out within six months before the certification of the candidate pairs. It was carried out on March 22, 2024, with a decree dated March 21, 2024,” he stated. Thus, the KPU asked the Court to reject the Petitioners’ petitum regarding the disqualification of candidate pairs, because this is the KPU and Bawaslu’s authority.

Panel 3, chaired by Constitutional Justice Arief Hidayat, also heard a testimony by the Relevant Party’s (Suhardiman Amby and Muklisin) legal counsel Rizki J. Putra. Rizki, who explained that the reshuffle was conducted on March 20 and 21, 2024, while the inauguration was on March 22, 2024.

“According to our calculations, the six-month deadline fell on March 26, 2024. Why? Because the law does not explicitly state that one month is equal to 30 days. The only legal rule that states that a month consists of 30 days is the one that becomes the base of our calculation,” he explained.

Rizki also revealed that after the inauguration on March 22, 2024, the Relevant Party received a letter from the Ministry of Home Affairs interpreting that the inauguration was officially carried out on the same date. Based on the letter, the Relevant Party then coordinated further and obtained approval for the inauguration.

Kuantan Singingi Regency Bawaslu’s legal counsel Mardius Adi Saputra explained that Bawaslu had received a report on alleged violations of the reshuffle of officials within the Regency Government by regent and incumbent candidate Suhardiman Amby on December 03, 2024.

“Regarding the violation report, the Kuantan Singingi Regency Bawaslu issued a status report which explained that elements of violation were not fulfilled by the report, so it could not be followed up and the handling process was stopped,” Adi explained.

Bawaslu asked the complainant, Khairul Ikhsan, and two witnesses, Nerdi Wantomes and Prigus Pendra, for clarification. They also requested information from related witnesses, Mardansyah and Pebri, as well as Junaidi, a constitutional law expert. The examination also covered evidence submitted in the report.

The reshuffle of officials by Suhardiman Amby has received approval from the Minister of Home Affairs, so the prohibition against conducting reshuffle for governors, regents, mayors, or their deputies within six months before the date of certification candidate pairs did not apply here. Therefore, the Kuantan Singingi Regency Bawaslu concluded that the report did not fulfill the elements of the alleged violation.

Also read: Kuantan Singingi Incumbent Regent Suspected of Violations, Revote Requested

At the preliminary hearing on Wednesday, January 8, 2025, the Petitioners accused incumbent regent and regent candidate Suhardiman Amby f abusing his authority to favor himself in the election through the distribution of special financial assistance to villages for the construction of traditional canoes. In the petition, the Petitioners revealed that Suhardiman Amby had issued Regent Regulation No. 23 of 2024 concerning special financial assistance to villages for the construction of traditional canoes in Kuantan Singingi Regency. This regulation was signed by Suhardiman on July 5, 2024, just a few months before the election.

The Petitioners requested the Court to disqualify Candidate Pair Number 1 Suhardiman Amby and Muklisin from the 2024 Kuantan Singingi regent election. They believe the incumbent’s actions were violations that could significantly affect the election results.

Author         : Utami Argawati
Editor           : Lulu Anjarsari P.
PR               : Tiara Agustina
Translator     : Dinita Aktivia/Yuniar Widiastuti (NL) (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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