The Respondent's legal counsel Muhammad Misbah Datun (second from left) at the examination hearing for the 2024 Takalar regent election case No. 79/PHPU.BUP-XXIII/2025 to hear the Respondent, the Relevant Party, and Bawaslu, Tuesday (1/21/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) held an examination hearing for Case No. 79/PHPU.BUP-XXIII/2025 on the Takalar regent election results dispute to hear the Respondent’s response and testimonies by the Relevant Party and Bawaslu (Elections Supervisory Body) and to validate evidence of the Parties on Tuesday, January 21, 2025. On behalf of the Takalar Elections Commission (KPU) as Respondent, legal counsel Muhammad Misbah Datun said that the Respondent did not commit any administrative violation in certifying Mohammad Firdaus Daeng Manye (Relevant Party) as Candidate Pair 1 in the election.

Misbah explained that Mohammad Firdaus Daeng Manye had fulfilled all the requirements to run in the regent election. The Respondent stated that the candidate's name change was permitted as they referred to the Takalar District Court Number 26/Pdt.P/2024/PNTka on August 9, 2024 stating, “[the court] giving permission to the Petitioner to change or add the Petitioner's name from “Muhammad Firdaus” to “Muhammad Firdaus Daeng Manye”.

Moreover, the use of the revised name in the ballots did not violate administrative provisions, as the change had been conducted before the certification of the candidate pair on September 22, 2024. The change was also supported by a statement letter stating that the name "Mohammad Firdaus" listed on his school diploma is the same person as "Mohammad Firdaus Daeng Manye".

"There had been [a court ruling], before the registration, it had been ruled," explained Misbah before the panel.

The Respondent commented that the alleged involvement of  state civil apparatus (ASN) was not the duty or responsibility of the Takalar KPU, as breach of ASN neutrality before and after candidate pair certification is the responsibility of the National Civil Service Agency (BKN) and the Elections Supervisory Body (Bawaslu).

"If the indication of the breach of ASN neutrality took place before the election participant certification, then the report of such violation indication is directed to BKN. Conversely, if the indication of the breach of ASN neutrality took place after the election participant certification, then the report of such violation is directed to the Bawaslu," Misbah explained before panel 3 chaired by Constitutional Justice Arief Hidayat.

On behalf of the Relevant Party, legal counsel Endik Wahyudi objected to the attachment of the Takalar District Court decree as evidence. In agreement with the Respondent, Endik revealed that the name change and addition was carried out before the registration period for the regent candidate pairs, which was between August 27 and 29, 2024. "In principle, it's the same [as Respondent's argument on name change]," Endik asserted.

Endik also commented that the arguments on the involvement of ASN and village officials to be fabricated. The Relevant Party argued that the petition's key points did not contain any complaint related to the dispute in vote results, from the polling stage to the vote count stage through the regency level.

The Relevant Party could not have involved ASN and village officials in their campaign, as Mohammad Firdaus Daeng Manye and Hengky Yasin had never been in the position of regent or vice regent. In fact, Candidate Pair 1 Syamsari himself was the 2017-2022 Takalar regent.

"It is highly unlikely that the Relevant Party could influence ASN and/or village officials, because in fact, the Relevant Party had no authority and was not in any position whatsoever within the Takalar regency government," Endik stated.

The Takalar Bawaslu Chairperson Nellyati outlined that the Bawaslu had received 15 reports as well as two reports assigned by the South Sulawesi Bawaslu. Out of the 15 reports registered, four complained about the neutrality of 13 ASN officers and 14 village heads/officials.

"These 13 [ASN officers] were referred to the Civil State Apparatus Commission or BKN and then, the 14 [village heads/officials] were referred to the Takalar Regent," Nellyati recounted.

The Takalar Bawaslu said to have never received any report on the name change of the Relevant Party. They received another indication of violation committed by an ASN officer from the Education and Culture Office, which was not proven, but the Bawaslu referred the case to BKN nevertheless.

In the preliminary hearing, Candidate Pair 2 Syamsari-M Natsir Ibrahim (Petitioners) scrutinized the name change of the elected regent Mohammad Firdaus Daeng Manye. In their petition, they had referred to Takalar District Court No. 26/Pdt.P/2024/PNTka stating, “ [the court] giving permission to the Petitioner to change or add the Petitioner's name from “Muhammad Firdaus” to “Muhammad Firdaus Daeng Manye”. After the issuance of the decree, the Regent Candidate Number 1 applied for a new identity card (KTP) at the Takalar Regency Population and Civil Registry Office (Dukcapil) under the name “Mohammad Firdaus Daeng Manye”, not “Muhammad Firdaus Daeng Manye” as decreed by the Takalar District Court.

That newly released ID card was then attached as the nomination requirement document in the Takalar Regency Election. The Takalar Regency KPU as the Respondent is considered not to conduct the verification duties in a professional, orderly, open and accountable manner as regulated in KPU Regulation Number 8 of 2024.

Author        : Nawir Arsyad Akbar
Editor         : Tiara Agustina
Translator : M. Hafidh Al Mukmin/FS

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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