The KPU’s (Respondent) legal counsel M. Alfy Pratama testifying at the examination hearing for Case No. 118/PHPU.BUP-XXIII/2025, Thursday (1/23/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The South Minahasa KPU (Elections Commission) denied allegations of facilitating election violations as outlined in the petition for Case No. 118/PHPU.BUP-XXIII/2025 on the South Minahasa regent election results dispute. The South Minahasa KPU (Respondent) presented its response to the petition’s arguments at an examination hearing on Thursday, January 23, 2025 in the Constitutional Court (MK). The hearing was held to hear testimonies of the Respondent, Relevant Party, and Bawaslu (Elections Supervisory Body), as well as to validate evidence. It was presided over by Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah on panel 1.

In this case, South Minahasa regent-vice regent candidates 02 Petra Yani Rembang and Frede Aries Massie are the Petitioners, while candidates 02 Franky Donny Wongkar and Theodorus Kawatu are the Relevant Party.

The alleged structured, systematic, and massive (TSM) violation the Respondent denied includes the distribution of social assistance involving the state civil apparatus (ASN). According to the Respondent, this matter does not fall under their authority but is within the jurisdiction of the South Minahasa Bawaslu.

“The Petitioners have made an error in their argument by confusing the Respondent’s authority with that of other institutions, such as Bawaslu or other bodies. All the issues raised fall under the authority of Bawaslu to resolve, not the Respondent’s jurisdiction,” stated the Respondent’s legal counsel Muhammad Alfy Pratama.

According to the Respondent, any further action can only be taken by the KPU as an election organizer once it has received a recommendation from Bawaslu. However, in this case, the South Minahasa KPU stated that it had not received such a recommendation.

The South Minahasa KPU also confirmed that all stages of the 2024 South Minahasa regent election had been conducted in accordance with the prevailing provisions.

“The entire process of the South Minahasa regent election has been orderly, peaceful, and in accordance with the principles of direct, public, free, confidential, honest, and fair election,” said Alfy.

Meanwhile, the Relevant Party referred to the provisions of Article 71 paragraphs (3) and (5) of the Regional Election Law, which the Petitioners should have properly followed in presenting their petition. According to the Relevant Party, these provisions pertain to the campaign, and therefore, the Petitioners must prove that the distribution of social assistance was part of the campaign.

“The use of this article is in the context of a campaign, so in the petition, the Petitioners should argue and prove whether the provision of social assistance was part of the campaign implemented,” said the Relevant Party’s legal counsel Notje Oltje Karamoy.

The South Minahasa Bawaslu confirmed that the distribution of social assistance had indeed been reported to them. An initial study was conducted, and the matter was discussed with Gakkumdu (Integrated Law Enforcement). Following the discussion, it was decided that the report concerning the distribution of social assistance would not be pursued further.

“This report encompasses all aspects, Your Honors, and based on Gakkumdu’s conclusion, it was deemed unproven, including after considering the testimony of criminal experts,” stated Alfred Tenny Franny Sengkey from South Minahasa Bawaslu.

The South Minahasa Bawaslu stated that they had issued nine recommendations concerning reports and other findings beyond the arguments presented in the petition to the National Civil Service Agency (BKN). Additionally, two recommendations led to court rulings.

“There is a decision regarding the neutrality of acting hukum tua (village head) who also is also an ASN,” said Alfred.

Also read: Social Assistance Controversy in South Minahasa Regent Election

At the previous hearing, the Petitioners argued that social assistance in the form of food staple and direct cash assistance had been distributed during the South Minahasa regent election. The Petitioners also alleged the involvement of state civil apparatus or hukum tua (village heads in Minahasa) and their staff.

Therefore, in the petitums, the Petitioners asked the Court to cancel the South Minahasa KPU Decree No. 1571 of 2024 concerning the certification of the 2024 South Minahasa regent election results. The Petitioners also requested a revote at 401 polling stations in South Minahasa without including Candidate Pair Number 1. The Petitioners also requested the disqualification of the Relevant Party in the revote.

Also read:

Petitioner for Case No. 118/PHPU.BUP-XXIII/2025

Response by the Respondent

Statement by Bawaslu

Statement by the Relevant Party

 

Author            : Ashri Fadilla
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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