Ronlybert Maris Togatorop (first from the right) and Helpianus Gea (second from the right) as the Respondent’s legal counsel at the examination hearing for Case No. 91/PHPU.BUP-XXIII/2025 on the North Nias regent election results dispute, Monday (1/20/2025). Photo by MKRI/Bayu.

---

JAKARTA (MKRI) – Edikania Zega, a member of the North Nias Bawaslu (Elections Supervisory Body), revealed that he had provided recommendations for the 2024 North Nias regent election at the hearing for Case No. 91/PHPU.BUP-XXIII/2025 on Monday, January 20, 2025. Bawaslu reported that they had received two complaints regarding the appointment, transfer, and dismissal of state civil apparatus (ASN) within the North Nias Government during the six-month period leading up to the determination of the North Nias regent election candidates.

Bawaslu conducted an initial review of Report No. 008/PL/PB/Kab/02.33/IX/2024, which essentially stated that the appointment, transfer, and dismissal of state civil apparatus (ASN) must receive prior written approval from the Minister of Home Affairs. Additionally, the report was classified as an administrative election violation under Article 71 paragraphs (2) and (5) of Law Number 10 of 2016, which is the Second Amendment to Law Number 1 of 2015 concerning the Election of Governors, Regents, and Mayors (Regional Head Election Law).

“The North Nias Bawaslu further forwarded the recommendation of the results of the North Nias Bawaslu review No. 0069 dated October 1, 2024 to the North Nias KPU. In essence, the recommendation addressed the alleged election violations, which were categorized as violations of election administration,” said Edikania.

However, the recommendation from the North Nias Bawaslu regarding the administrative violation was not followed up by the North Nias Election Commission (KPU). “In essence, the administrative violation of the election could not be followed up because the actions taken by the North Nias KPU were not explicitly explained,” added Edikania.

Due to the North Nias Regency KPU decree not to follow up on the recommendation, the North Nias Bawaslu issued a warning letter on October 12, 2024. The warning essentially urged the North Nias KPU to promptly address the recommendation regarding the alleged election administration violations.

However, the North Nias KPU once again did not follow up on the warning letter. “The reason given was that it remained doubtful and the matter could not be decided due to the ambiguous interpretation of Article 71 paragraphs (2) and (5) of the Regional Election Law,” said Edikania before Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3.

On the other hand, the North Nias KPU (Respondent) denied all the arguments in the petition filed by the Voter Education Network (JPPR). The Respondent’s legal counsel Ronlybert Maris Togatorop explained that the Petitioner had not specifically addressed the dispute over the vote acquisition in relation to the appointment, transfer, and dismissal of ASN by Candidate Pair 02 Amizaro Waruwu-Yusman Zega, who were incumbents during the six-month period before the determination of candidates. Togatorop further clarified that the appointment, transfer, and dismissal of ASN in the North Nias Government were not within the jurisdiction of the North Nias KPU.

He further explained that regent candidate 02 Amizaro Waruwu, who was also the incumbent, had appointed, transferred, and dismissed ASN in the North Nias Government on March 22, 2024. However, the decree regarding the appointment, transfer, and dismissal of ASN was canceled on April 3, 2024.

The appointment, transfer, and dismissal of ASN on the mentioned date were corrected following the receipt of the Minister of Home Affairs’ Letter No. 100.2.1.3/1575/SJ dated March 29, 2024, which clarified the authority of regional heads implementing regional elections in terms of personnel. After the cancellation letter on April 3, 2024, Amizaro Waruwu obtained approval from the Minister of Home Affairs on May 17, 2024 to proceed with the appointment, transfer, and dismissal of ASN.

“The Respondent rejects the Petitioner’s request for revision of the petition and related matters as of December 10, 2024, based on legal grounds,” stated Togatorop at the hearing aimed to hear the testimonies of the Respondent, the Relevant Party, and Bawaslu.

Also read: JPPR Allege State Civil Apparatus Appointment by the North Nias Incumbent Regent-Vice Regent

JPPR (Petitioner) challenged the actions of regent and vice regent Amizaro Waruwu and Yusman Zega, who issued a decision regarding the appointment, transfer, and dismissal of ASN in administrative and supervisory positions on March 22, 2024. They are also the regent and vice regent candidates in the 2024 regent election, running unopposed against a blank vote.

The process of appointment, transfer, and dismissal of ASN has not yet received approval from the Minister of Home Affairs because, on March 29, 2024, the Ministry issued Letter No. 100.2.1.3/1575/SJ on the authority of regional heads in regions implementing the election in the personnel aspect.

Furthermore, this process of appointment, transfer, and dismissal of ASN on March 22, 2024, and their re-nomination on September 22, 2024, violates Article 71 paragraph (2) of the Regional Election Law, which reads, “The Governor or Vice Governor, Regent or Vice Regent, and Mayor or Vice Mayor are prohibited from replacing officials 6 (six) months before the date of stipulation of the candidate pairs until the end of the term of office unless written approval from the Minister is obtained.”

Author              : Nawir Arsyad Akbar
Editor                : Tiara Agustina
Translator         : Nazila Rikhusshuba/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.

---