Cancellation of Pasaman Vice Regent Candidate’s Non-Conviction Letter Raises Questions
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The Respondent’s legal counsel Rio Gustrinanda testifying at the examination hearing for the testimonies of the Respondent, Relevant Party, and Bawaslu on case No. 16/PHPU.BUP-XXIII/2025 on Pasaman regent election result dispute, Tuesday (1/21/2025). Photo by MKRI/Ifa.


JAKARTA (MKRI) — On November 22, 2024, the Pasaman Regency Elections Commission (KPU) received a copy of letter from the South Jakarta District Court addressed to Anggit Kurniawan dated November 20, 2024, regarding the cancellation of the statement of never being a convict due to an error. Anggit Kurniawan was reported as a defendant in a criminal case and was sentenced on July 26, 2022, as there were no legal measures. As such, the South Jakarta District Court annulled and declared the invalidity of said letter.

Legal counsel Rio Gustrinanda delivered the above statement on behalf of the Pasaman KPU (Respondent) at the examination hearing of the 2024 Pasaman regent election result dispute on Tuesday, January 21, 2025. This hearing included the Respondent’s response and testimonies by the Relevant Party and Elections Supervisory Body (Bawaslu). Chief Justice Suhartoyo presided over the hearing alongside Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah in panel 1 courtroom.

Responding to the petition filed by candidate pair 3 Sabar AS and Sukardi, the Respondent addressed the arguments in case No. 16/PHPU.BUP-XXIII/2025. In addressing the letter, the Respondent organized a plenary meeting deciding not to further investigate the letter, considering the stage for revision of administration files had passed. Instead, they decided to send a letter to the South Jakarta District Court, requesting the validity of the court’s letter.

“The requirements for the regent-vice regent during their registration to the Pasaman KPU on August 28, 2024 is not retroactive as the [revision] stage has already passed. The certification of vote result was conducted at the district level, and there was no decision or recommendation from Bawaslu or any other judicial institutions recommending the annulment of any candidate pairs,” Rio explained.

The Respondent has examined the administrative files submitted by Mara Ondak. At first, they were unable to verify Mara Ondak’s resignation letter, but during the revision period in September 6-8, 2024, Mara Ondak submitted the correct letter. They also received a receipt for the submission of the resignation letter and the letter notifying the resignation was being processed.

“The Respondent did not want to rush in verifying the administrative files of regent candidate Mara Ondak. Subsequently, the Respondent sought clarification and document validation from the authorized institutions,” explained Rio.

Not Affecting Votes

Meanwhile, on behalf of candidate pair 1 Welly Suhery–Anggit Kurniawan Nasution (the Relevant Party), legal counsel Heru Widodo denied the ineligibility of Mara Ondak as a regent candidate. “It is not true that regent candidate pair 2 Mara Ondak was not eligible as the regent candidate. It did not affect their votes and did not make the Petitioners the elected candidates, considering candidate pair 2 did not have the leading votes based on the Respondent’s certification of vote results,” explained Heru.

Also read: Sabar-Sukardi Reveal Violation Against Requirements for Pasaman Regency Election

At the preliminary hearing, the Petitioners explained that Anggit was once convicted under Decision No. 293/Pid.B/2022/PN JKT.SEL., citing the dishonesty which breaks the ethics in democracy. Even further, the South Jakarta District Court issued a cancellation letter of the statement of never being a convict for him. Therefore, the Petitioners reported the alleged administrative violation to the Pasaman Bawaslu and also to the Pasaman KPU for an election administrative violation.

The Petitioners also revealed that regent candidate 1 Mara Ondak had not met the requirements as a candidate as he had not officially resigned from civil service. He continued to receive a salary until November 202, proving that he was still a civil servant when he registered for the 2024 Pasaman Regency election. Therefore, the Respondent announced candidate pairs 1 and 2 without proper fact-checking. Therefore, the Petitioners asserted, the Respondent had failed to conduct administrative duties and violated applicable regulations.

As such, in their petitums, the Petitioners requested the Court to annul of the Pasaman Regency KPU Decree No. 851 of 2024 on the certification of the 2024 Pasaman Regency election results dated December 2, 2024, and to order the Pasaman Regency KPU to certify candidate pair 3 as the elected candidate pair for the 2024 Pasaman regent election.

Also read: Pasaman Vice Regent Candidate’s Letter of No Criminal Conviction Questioned

Also read:

Petition for Case No. 16/PHPU.BUP-XXIII/2025

Respondent’s Response

Bawaslu’s Statement

The Relevant Party’s Statement

 

Author               : Sri Pujianti
Editor                : N. Rosi
Translator         : Ryan Alfian/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.


Tuesday, January 21, 2025 | 14:56 WIB 128