The Respondent’s legal counsel Hendra Kasim (left) at the examination hearing for Case 258/PHPU.GUB-XXIII/2025 on the North Maluku gubernatorial election results dispute, Wednesday (1/22/2025) in the panel 3 courtroom. Photo by MKRI/Bayu.

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JAKARTA (MKRI) – The North Maluku Provincial KPU (Elections Commission) as Respondent strongly denied all arguments in Case No. 258/PHPU.GUB-XXIII/2025 filed by Candidate Pair 03 Muhammad Kasuba-Basri Salama. A key point raised is the alleged preferential treatment given to Sherly Tjoanda as governor candidate 04.

The North Maluku gubernatorial election results dispute was presided over by Constitutional Justices Arief Hidayat (panel chair), Anwar Usman, and Enny Nurbaningsih on panel 3 on Wednesday, January 22, 2025. The Respondent’s legal counsel Hendra Kasim provided initial details that Sherly Tjoanda was the wife of Benny Laos, who had originally been governor candidate 04. However, following an accident on October 12, 2024, which led to Benny Laos’ death, after undergoing the necessary processes, on October 23, 2024 the North Maluku Provincial KPU officially declared Sherly Tjoanda the gubernatorial candidate to replace Benny Laos.

Hendra refuted the claim that Sherly Tjoanda’s medical examination at the Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta constituted special treatment. He clarified that the examination underwent a structured process, starting with a recommendation issued by the dr. Chasan Boesoirie Regional General Hospital in North Maluku and the North Maluku Provincial Health Office on October 17, 2024.

On October 18, 2024, Sherly Tjoanda underwent a comprehensive medical examination at the Gatot Soebroto Army Central Hospital (RSPAD) in Jakarta, under the supervision of the Maluku Provincial Bawaslu (Elections Supervisory Body). The results certified that Sherly Tjoanda was “capable,” a decision subsequently announced by the North Maluku Provincial KPU on October 20, allowing the public an opportunity to provide feedback.

On October 23, 2024, the North Maluku Provincial KPU officially designated Sherly Tjoanda as a gubernatorial candidate to replace Benny Laos, pairing her with Sarbin Sehe. This decision was based on administrative reviews and medical examinations. Hendra highlighted that the Respondent had adhered to the established mechanisms, procedures, and regulations throughout the process of nominating and confirming Sherly Tjoanda.

“By considering the equality of every person to be able to run as a candidate for governor or vice governor, as long as they meet the requirements stipulated in the laws and regulations, the Respondent has guaranteed this equality by considering the laws and regulations. So, the implementation of the proposal of replacement candidates by the Respondent was carried out following election laws,” ​​said Hendra in the plenary courtroom.

The Relevant Party’s legal counsel Denny Indrayana said that the North Maluku Provincial KPU had issued a decree containing the schedule for proposing replacement candidates starting from October 12 to 23, 2024. Meanwhile, the accident that caused Benny Laos’ death occurred on October 12, 2024.

“So, in 10 days we had to move quickly, at the same time Mrs. Sherly has to undergo intensive care due to serious burns,” said Denny.

In addition, the certification of Sherly Tjoanda did not violate Article 7 paragraph (2) of Law No. 10 of 2016 on the Second Amendment to Law No. 1 of 2015 on the Stipulation of Government Regulation in Lieu of Law No. 1 of 2015 on the Election of Governors, Regents, and Mayors into Law (Regional Election Law). The article explains that regional head candidates must be physically and mentally capable and free from drug abuse based on the results of a comprehensive health examination.

Denny also presented a medical certificate detailing the outcome of Sherly Tjoanda’s health examination. The certificate stated, “The requirements for the Candidate for Governor of North Maluku during the examination on October 16, 2024, [the Candidate] was declared healthy, with a note of 2nd-degree burns covering 18 percent of the total body surface area (TBSA), specifically in the bilateral lower extremity region.”

“Your Honors, (the Petitioners) made a claim on slide 15, that it would be impossible to pass a health test nearly after an accident. It seems that this is a misinterpretation of Article 7 paragraph (2) of the Regional Election Law, especially the part about being physically capable,” explained Denny.

North Maluku Provincial Bawaslu member Adrian Yoro Naleng stated that Bawaslu had monitored Sherly Tjoanda’s health examination process at Gatot Soebroto Army Hospital in Jakarta on October 18, 2024. According to the information from the head of the health examination team at the hospital, the assessment followed 13 stages outlined in KPU Decree No. 1090 of 2024.

The Gatot Soebroto Army Hospital’s health examination team in Jakarta informed that not all examination procedures could be directly observed by the North Maluku Bawaslu. Consequently, it limited their ability to verify the material accuracy of the examination results.

Also read: North Maluku KPU Accused of Favoritism to Sherly Tjoanda

Author         : Nawir Arsyad Akbar
Editor          : Tiara Agustina
Translator    : Syifa Amelia/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.

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