Bawaslu representative A. Muh. Saifullah testifying at the examination hearing for Case No. 146/PHPU.WAKO-XXIII/2025 on the mayoral election results dispute before Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur Arsul Sani, Tuesday (1/21/2025). Photo by MKRI/Teguh.

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JAKARTA (MKRI) – The Tarakan KPU (Election Commission), as the Respondent, stated that the 2024 Tarakan election observer from the National United Lawyers Forum (Forum Pengacara Kesatuan Tanah Air) of the Indonesian Human Rights Analysis Institute, represented by Ambu Tuwo, was not authorized to act on behalf of the election observer. This was conveyed by the Respondent during the examination hearing for Case No. 146/PHPU.WAKO-XXIII/2025, which aimed to hear testimonies from the Respondent, Relevant Party, and Bawaslu on Tuesday, January 21, 2025, at the Constitutional Court (MK).

"The Indonesian Human Rights Analysis Institute, represented by Ambu Tuwo, is not authorized to act on behalf of the election observer registered as a petitioner," stated the Respondent's legal counsel Muh Taufan Tri Utama before Constitutional Justices Ridwan Mansyur and Arsul Sani in one of the courtrooms.

The Tarakan City KPU received a letter from the Indonesian Human Rights Analysis Institute notifying the dismissal of Ambo Tuwo as the chairperson of the North Kalimantan Leadership Council (DPW) of the Institute, effective December 15, 2024. Since then, Ambo Tuwo no longer has the authority to carry out duties representing the North Kalimantan DPW both in and outside the court.

The authority to act on behalf of the election observers of the Indonesian Human Rights Analysis Institute lies with the central management and those who are legally institutional in accordance with the institutional regulations, the articles of association/bylaws, and the provisions of the organization. Meanwhile, the Respondent determined the name of the observer from the central office of the Indonesian Human Rights Analysis Institute, as the nomenclature for appointing observers at the institution did not designate the DPW of North Kalimantan as the holder of the accreditation certificate authorized by the Tarakan KPU.

Thus, according to the Respondent, the Petitioner’s petition failed to meet the formal requirements for submission as stipulated by the laws and regulations. The Respondent requested that the Court not register the submitted petition and grant the petition withdrawal.

Meanwhile, the Tarakan KPU has made corrections to the data on the D-results regency/city KWK model forms, which were witnessed by witnesses of the candidate pairs, election observers, and the Tarakan Bawaslu (Election Supervisory Body). The corrections to the data discrepancies have been included in the special incident notes and/or witness objections, and there were no objections from the witnesses, observers, or Bawaslu.

The Respondent denied the claim that observers had reported a significant number of residents not receiving invitation letters or C6-KWK model forms, leading to many residents not voting. It was also claimed that some residents intentionally refrained from voting because they were told that if they did not go to the polling stations, their vote would be considered as a vote for an empty column. According to the Respondent, this argument was not supported by sufficient evidence.

Candidate Pair 01 Khairul and Ibnu Saud (Relevant Party) as a single pair against an empty column, represented by legal counsel Anwar, stated that the Petitioner’s petition was not relevant to the 2024 Tarakan mayoral election results dispute.

Meanwhile, Tarakan Bawaslu member A. Muh Saifullah stated Bawaslu had received a report of alleged election violations concerning the distribution of money by candidates at a birthday event. The Tarakan Bawaslu conducted an initial review to determine whether to proceed with the report to the Gakkumdu Center. However, after further discussions with the Gakkumdu Center, the report was found not to meet the criteria for vote buying under Article 187A, paragraph (1) of the Regional Head Election Law. As a result, the investigation into the alleged violation was discontinued.

At the preliminary examination hearing on Thursday, January 9, 2025, the Court determined the status quo on the petition for Case No. 146/PHPU.WAKO-XXIII/2025, filed by the Indonesian Human Rights Analysis Institute, which is registered as a regional head election observer in Tarakan. This decision was made because the Court received a withdrawal petition from a party claiming to be the same organization/institution while another party listed in the petition file persisted in pursuing the case. Deputy Chief Justice Saldi stated that the Court decided the petition would not be dismissed and not be considered non-existent either. The Tarakan KPU and the Relevant Party were asked to respond to this issue.

In the petition, it is stated that Ambo Tuwo (Petitioner) granted power of attorney to Muklis and Angga Bursa Lesmana, who were present in the courtroom to continue the proceed with the petition.

Meanwhile, in today's examination hearing, Deputy Chief Justice Saldi invited both Petitioner camps to remain present in the hearing. The Court would make a decision on this matter.

Author  : Mimi Kartika
Editor   : Tiara Agustina
Translator     : Nazila Rikhusshuba/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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