Assessing the Term Limits of Benyamin Thomas Noach as Southwest Maluku Regent
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The Respondent’s legal counsel Satria Budhi Pranama in the examination hearing for Case No. 135/PHPU.BUP-XXIII/2025 on the Southwest Maluku Regency election results dispute. Photo by MKRI/Ifa


JAKARTA (MKRI) – Referring to the Letter of the Maluku Governor No. 875.1/1257, Benyamin Thomas Noach served as Acting Regent from April 24–May 29, 2019,  or 1 month and 5 days. He was appointed as Regent of Southwest Maluku (Definitive Decree) from May 29, 2019–April 26, 2021, or 1 year 10 months and 28 days, meaning that his tenure is 2 years and 3 days.

It was stated by the Southwest KPU (Elections Commission)’s legal counsel Satria Budhi Pramana in the examination hearing for Case No. 135/PHPU.BUP-XXIII/2025 of the 2024 Southwest Maluku Regency election results dispute on Thursday, January 23, 2025. The hearing was to hear the Respondent, the Relevant Party, and Bawaslu (Election Supervisory Body) on panel 1 presided over by Chief Justice Suhartoyo (panel chair), and Constitutional Justice Foekh and M. Guntur Hamzah.

The Southwest Maluku Regency KPU (the Respondent) responded to the petition filed by Candidate Pair 01 Hendrik Natalius Christian-Hengky Ricardo A. Pelata. The Respondent calculated the term of office of the candidate Benyamin Thomas Noach based on the calculation of the letter of appointment of acting regent and the definitive decree.

“Therefore, the person concerned has not fulfilled the requirement to serve as regent for two terms," ​​asserted Satria. 

Term of Office Calculation

On behalf of The Relevant Party Candidate Pair Number 02 Benyamin Thomas Noach–Agustinus Lekwardai Kilikily, Dodi L. K. Soselisa explained that Benyamin Thomas was inaugurated as vice-regent of Southwest Maluku with Barbanas Orno as regent for the 2016–2021 term on April 26, 2016. Furthermore, Regent Barnabas Orno was elected as vice governor of Maluku with Murad Ismail for the 2019–2024 term.

To definitively replace the position of the Southwest Maluku regent in 2019 through the process as regulated in Article 173 of Law 10/2016, and cannot be done directly, Governor Maluku Murad Ismail on April 24, 2018, assigned Benyamin Thomas Noach as the acting regent of Southwest Maluku while waiting for the process at the Ministry of Home Affairs. Hence, the term of Benyamin started from April 24, 2019, to May 24, 2019, or 30 days.

Then, Benyamin was appointed as the definitive regent for 2016-2021, starting from May 24, 2019, until April 26, 2021. So the definitive term of office can be calculated as 703 days.

"So if added to the actual and factual term of office of the acting regent of 30 days + 703 days of the definitive term of office, it is counted 733 days or 2 years and 2 days," explained Dodi.

ASN Neutrality

Meanwhile, Southwest Maluku Regency Bawaslu, represented by Marthinus Kerleley reported findings related to the neutrality of civil servants (ASN) in the election. "There is a recommendation related to alleged election violations regarding the reported party who is a civil servant and this has been forwarded to the State Civil Service Agency (BKN) but is still awaiting verification by BKN," said Marthinus.

Also read: Benyamin Candidacy Challenged Over Two-Term Allegation as Southwest Maluku Regent

In the preliminary hearing on Tuesday, January 14, 2025, The Petitioner argued that the Southwest Maluku Regency General Election Commission (KPU) failed to conduct administrative and factual verification of the regent candidate Benyamin Thomas Noach who already served two terms as regent. Hence, they filed for the cancellation of the Decree of the Southwest Maluku Regency KPU No. 696 of 2024 concerning the certification of the 2024 Southwest Maluku Regency election results. Based on the Respondent’s vote acquisition for each candidate pair are as follows: Candidate Pair 01 Hendrik Natalius Christian-Hengky Ricardo A. Pelata obtained 16,942 votes, Candidate Pair 02 Benyamin Thomas Noach–Agustinus Lekwardai Kilikily obtained 26,940 votes, and Candidate Pair 03 Simon Moshe Maahury–John Johiands Uniplaita obtained 3,811 votes meaning that it reached 47,693 total valid votes.

The Petitioners argued that the Respondent's action in passing candidate Benyamin has been proven to legally violate the provisions of Article 7 paragraph (2) letter n of Law 10/2016. Therefore, he should be canceled.

In addition, they also argued that the incumbent Regent Candidate (2019) had authority abuse to benefit himself as a candidate in the election. He had replaced most of the officials in the Southwest Maluku Regency Government six months before the certification of the candidate pair until the certification of the elected candidate pair.

They stated that the violation committed by Candidate Pair 02 was carried out by the Respondent in collaboration with ASN to support a particular candidate pair. Such violations can be qualified as violating the principles of honesty and fairness and violating democracy.

Therefore, the Petitioners requests that the Court disqualify candidate pair 02 from participating in the 2024 Southwest Maluku Regency election; and order the Respondent to conduct a revote at all TPS by only involving the Petitioners and Candidate Pair 03 Simon Mooshe Maahury–John Johiands Uniplaita.

Also read: 

The Petition for Case No. 135/PHPU.BUP-XXIII/2025
Response by the Respondent
Statement by Bawaslu
Statement by the Relevant Party
Request to be Relevant Party

uthor: Sri Pujianti
Editor: N. Rosi
Translator: Syifa Amelia (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.

 


Thursday, January 23, 2025 | 17:22 WIB 17