Imam Munandar the Respondent's legal counsel accompanied by Principal Agus Salam when testifying in Case No. 32/PHPU.BUP-XXIII/2025 in the dispute of the 2024 Mandailing Natal regent election results. Photo by MKRI/Ifa

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JAKARTA, MKRI - The General Election Commission (KPU) of Mandailing Natal Regency did not implement Bawaslu's recommendation in declaring the Candidate Pair Number 02 Saipullah Nasution-Atika Azmi Utammi (The Relevant Party) “unqualified and/or ineligible” as a Candidate Pair for the 2024 Mandailing Natal regent election.

This was conveyed by Imam Munandar the Mandailing Natal Regency KPU’s legal counsel (Respondent) at the examination hearing of the dispute over the 2024 Mandailing Natal regent election results on Wednesday, January 22, 2025. The hearing was scheduled to hear the Respondent’s response and testimonies by the Relevant Party and Bawaslu (Elections Supervisory Body). The hearing was presided over by Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah on panel 1.

The Respondent explains that the guidance in conducting registration, research, and improvement of the required documents,  certification, and the drawing of candidate pair serial numbers in the 2024 Elections of Governors and Deputy Governors, Regents and Deputy Regents, and Mayors and Deputy Mayors is the KPU Decree No. 1229 of 2024 and not the KPK Circular Letter No. 13 of 2024. The KPK Circular Letter 13/2024 was issued on July 23, 2024, while the KPU Decree No. 1229/2024 was issued on August 26, 2024.

 

“In accordance with the legal principle of lex posteriori derogate legi periori, the later regulations superseded the earlier regulations. Therefore, the Respondent makes the KPU Decree a guide in the research and examination of candidate files and nomination files as well as in the certification of the candidate pairs. In addition, the Respondent seeks to maintain the principle of electoral justice and the importance of applying the same treatment to all election participants,” Imam explained against the arguments from Petition Case No. 32/PHPU.BUP-XXIII/2025.

Recriminations against the Petitioners

The Relevant Party’s legal counsel Harmaein denied the arguments of violations and fraud committed by the Relevant Party by utilizing the position as an incumbent to mobilize village officials, rotating teacher positions, and involving the State Civil Apparatus (ASN) in to campaign for the winning of the Relevant Party.

“In fact, continued Harmaein, in the campaign stage of the 2024 Mandailing Natal regent elections, it was the Petitioners who committed a campaign violation. This is evidenced by the involvement of the Principal of SD 315 Simpang Talap Atas who carried out an active campaign against the Petitioners, even though this has been reported to the Mandailing Natal Regency Bawaslu, “ explained Harmaein. 

Warning Sanctions

Meanwhile, Bawaslu Mandailing Natal through Asrizal Lubis said that the Bawaslu had issued recommendations regarding the alleged violation committed by candidate pair number 2. It is said that the Bawaslu has issued a recommendation regarding the violations conducted by the village officials. This issue is forwarded to the Tabayung Village Head, so the village head can conduct sanctions on the perpetrator of the violation.

“The recommendation dated October 29, 2024, has been followed up by the head of Tabayung village dated October 31, 2024, in which the reported party has been given a sanction in the form of a warning,” stated Asrizal.

Also read:

Late Asset Declaration Submission Ground for Disqualification in Mandailing Natal Regent Election Dispute

At the preliminary hearing on Monday, January 13, 2025, the Petitioners stated that Candidate Number 02 Saipullah Nasution filed a Receipt of State Organiser's Wealth Report (LHKPN) to the Mandailing Natal Regency KPU (Respondent) on October 16, 2024. Meanwhile, the certification of Candidates for the 2024 Mandailing Natal regent election was carried out on September 22, 2024. The person concerned should not be eligible for the nomination as a regional head candidate.

The Petitioners argued that Candidate Number 02, Saipullah Nasution, failed to submit the State Organizer's Wealth Report (LHKPN) within the required timeframe specified in PKPU No. 8 of 2024. Consequently, they contend that Mandailing Natal Regency KPU Decree No. 2193 of 2024, which certifies the Candidate Pairs for the 2024 Mandailing Natal regent election, including Saipullah Nasution, is formally flawed. The Petitioners request that the Relevant Party be disqualified from the Mandailing Natal Regency Regent Candidate Election.

Petition Case No.32/PHPU.BUP-XXIII/2025

Statement by the Relevant Party

Statement by Bawaslu

Response by the Respondent

Author : Sri Pujianti.

Editor : N. Rosi

Translator : M. Hafidh Al Mukmin/FS (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.

 

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