Yunis Iswantoro (second left) as the Respondent’s legal counsel at the second hearing for Case No. 210/PHPU.BUP-XXIII/2025 disputing the 2024 Tana Tidung regent election results, Monday (1/20/2025) Photo by MKRI/Bayu.
JAKARTA (MKRI) – The Tana Tidung Regency Elections Commission (KPU) as the Respondent stated that it is not the Respondent’s duty and responsibility to refute or respond to the petition relating the reshuffle of state civil apparatus (ASN) in the Tana Tidung Regency Government. The KPU’s legal counsel Yuni Iswantoro explained at the hearing to hear the Respondent’s response and testimonies by the Relevant Party and Bawaslu (Elections Supervisory Body) as well as to validate evidence for the 2024 Tana Tidung regent election results dispute on Monday, January 20, 2025 in the plenary courtroom.
Yuni explained before Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3 that it was not the Tana Tidung Regency KPU’s authority to respond to the Petitioners’ argument of alleged violation conducted by the incumbent (Relevant Party) in reshuffling ASN before the certification of candidate pairs. “Regarding the Petitioner’s argument, it is not the Respondent’s duty and responsibility to refute [the issue of reshuffle] or to respond to it,” said Yuni.
The petition in case No. 210/PHPU.BUP-XXIII/2025 was filed by candidate pair number 1 Said Agil and Hendrik and the Relevant Party, candidate pair number 2 Ibrahim Ali. Ibrahim Ali is the incumbent regent of Tana Tidung, while the ASN who was transferred was regent candidate number 1 Said Agil, who previously served as regional secretary.
The Respondent also denied the Petitioners’ arguments regarding the alleged use of village funds and the mobilization of ASN in the campaign. The violence at a polling station in Tengku Dacing Village mentioned in the petition also did not interfere with the voting process as it occurred outside the polling station and had nothing to do with KPPS (polling station working committee) members.
The six polling stations highlighted by the Petitioner have been handled by the Tana Tidung Regency Bawaslu, and the recommendation was followed up by the Respondent by issuing Assignment Letter No. 1818/HK.07.6-SO/6504/2024 dated December 5, 2024.
“Furthermore, the Respondent has also followed up on these recommendations by conducting an internal supervision mechanism for handling violations of the ad hoc body’s code of ethics,” said Yuni.
ASN Transfer Complying with Regulations
Meanwhile, the Relevant Party’s legal counsel Donal Fariz explained that Said Agil had already disputed his transfer to the Tana Tidung Bawaslu and the Banjarmasin State Administrative High Court. The court issued Decision No. 8/G/PILKADA/2024/PT.TUN.BJM dated October 30, 2024, which was later affirmed by the Supreme Court’s Decision No. 822 K/TUN/PILKADA/2024. The Supreme Court rejected Said Agil’s appeal for cassation.
The transfer itself was a sanction to Said Agil when he was the regency’s secretary, for allegedly committing a serious disciplinary violation. He is said to have violated one of the provisions under Article 5 letter n of Government Regulation (PP) Number 94 of 2021 on Civil Servant Discipline, which has been forwarded to the governor of North Kalimantan.
Article 5 letter n of Government Regulation Number 94 of 2021 reads, “Civil servants shall be prohibited from providing support to candidates for president/vice president, candidates for regional heads/deputy regional heads, candidates for DPR members, candidates for DPD members, or candidates for DPRD members by: a. participating in the campaign; b. becoming a campaign participant by using party attributes or civil servant attributes; c. as a campaign participant by mobilizing other civil servants; d. as a campaign participant by using state facilities.”
“Since April 18, the process has begun, where the North Kalimantan governor determined the list of names of examiners, so the process carried out was tiered,” said Donal.
Donal also emphasized that the placement of 11 ASN to fill vacant positions had never been questioned by the Petitioners before. Any change to the positions in question do not require permission from the Minister of Home Affairs, so the reshuffle did not violate 71 paragraph (2) of Law Number 10 of 2016 on the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2015 concerning the Election of Governors, Regents and Mayors into Law (Regional Election Law).
Meanwhile, Tana Tidung Regency Bawaslu member Dika Ramdhani explained that there was a report related to the reshuffle of ASN by Ibrahim Ali as the incumbent regent candidate. Bawaslu has followed up on the report and it was decided that the reshuffle did not fulfill the elements of an election crime and was not proven to be an administration election violation.
Furthermore, the National Civil Service Agency (BKN) replied to the letter from the Tana Tidung Regency Bawaslu on October 3, 2024. “In essence, BKN believes that the disciplinary action imposed by Tana Tidung regent on Said Agil is a form of ASN management implementation following the ASN Management [norms, standards, procedures, and criteria],” said Dika.
Also read: Tana Tidung Apparatus Reshuffle Pushes Petition against Election Results
Tana Tidung regent-vice regent candidates 01 Said Agil-Hendrik questioned the rotation of state civil apparatus (ASN). They argued that Ibrahim Ali as the incumbent regent candidate had reshuffled state civil apparatus both before and after the certification of the Tana Tidung regent candidates from March 22 to September 22, 2024.
The Tana Tidung regional secretary, Said Agil, is regent candidate 01 and one of the ASN being transferred. The transfer was based on Decree No. T.800.1.6.2/072/BKPSDM dated May 30, 2024, signed by Ibrahim Ali, Tana Tidung regent.
Ibrahim Ali transferred three other civil servant apparatus from mid-May to August 2024. After the certification of the Tana Tidung regent candidate pairs, Ibrahim Ali as the incumbent transferred eight more state civil apparatus starting November 2024.
Author : Nawir Arsyad Akbar
Editor : Fitri Yuliana
PR : Tiara Agustina
Translators : 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.
Monday, January 20, 2025 | 17:48 WIB 206