The KPU’s (Respondent) legal counsel Hepri Yadi testifying at the examination hearing for Case No. 107/PHPU.BUP-XXIII/2025 to hear the Respondent, the Relevant Party, and Bawaslu, Thursday (1/23/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held an examination hearing for Case No. 107/PHPU.BUP-XXIII/2025 on the 2024 North Minahasa regent election results dispute on Thursday, January 23, 2025, intending to hear testimonies from the Respondent, 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 in one of the courtrooms.

The petition was filed by North Minahasa regent-vice regent candidates 01 Melky Jakhin Pangemanan and Christian Kamagi (Petitioners). The Respondent in the case is the North Minahasa KPU (Elections Commission), while Candidate Pair 02 Joune James Esau Ganda and Kevin William Lotulong are the Relevant Party.

The Relevant Party, through legal counsel Samuel David, acknowledged the transfer of officials within the North Minahasa Regency Government. This transfer had been approved by the Ministry of Home Affairs through Letter No. 100.2.2.6/3419/OTDA dated May 10, 2024 regarding the approval for the appointment and inauguration of administrative, supervisory, and functional officials within the North Minahasa Regency Government.

“It is true that 56 employees were transferred six months before the certification of candidate pairs, specifically on March 22, 2024. However, this transfer was canceled by the North Minahasa regent through a decree dated April 17, 2024. Therefore, the Relevant Party does not meet the criteria for violating Article 71 paragraph (2) of Law No. 10 of 2016,” stated Samuel.

Also read: Melky-Christian Accuse North Minahasa Incumbent of Campaign Violations

At the preliminary examination hearing on Monday, January 13, 2025, the Petitioners sought the annulment of the North Minahasa KPU Decree No. 1287 of 2024 on the certification of the 2024 regent election results. According to the Petitioners, Candidate Pair 01 (Petitioners) received 51,070 votes, while Candidate Pair 02 Joune James Esau Ganda–Kevin William Lotulong obtained 70,620 votes. They argued that Candidate Pair 02 should have received 0 votes due to structured, systematic, and massive violations.

One of the alleged violations involves the transfer or replacement of officials within the North Minahasa Regency Government, which was later revoked following the letter from the Minister of Home Affairs on the revocation of the North Minahasa Regent’s decree on the implementation of the inaugurations within the regency government, dated April 17, 2024. As a result, the officials transferred to specific positions were returned to their previous roles.

Referring to the definition of reshuffle, the incumbent regent candidate’s decision should be classified as an unauthorized reshuffle, as it occurred without the approval of the Minister of Home Affairs. This constitutes a violation of Article 71 paragraph (2) of Law No. 10 of 2016. In such cases, the incumbent should have been subject to sanctions, including disqualification as a candidate by the KPU. However, the Respondent did not take this action. In essence, the reshuffle on March 22, 2024 and April 17, 2024, should have been considered a violation of regulations, as it was without the required ministerial approval.

 

Also read:

Petition for Case No. 107/PHPU.BUP-XXIII/2025

Statement by Bawaslu

Statement by the Relevant Party

Response by the Respondent

 

Author              :Sri Pujianti
Editor                : N. Rosi
Translator         : Nazila Rikhusshuba/Yuniar Widiastuti (NL)

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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