Eligibility of Central Buton Regent Candidate as Civil Servant Lecturer Questioned

The KPU’s (Respondent) legal counsel Baron Harahap S. testifying at the examination hearing for Case No. 04/PHPU.BUP-XXIII/2025 on the Central Buton regent election results dispute, Friday (1/24/2025). Photo by MKRI/Ifa.

JAKARTA (MKRI) – The Central Buton KPU (Election Commission) denied any negligence in organizing the 2024 Central Buton regent election. This response was submitted in the examination hearing for Case No. 04/PHPU.BUP-XXIII/2025 on the 2024 regional head election results dispute. The hearing was held to hear testimonies from the Respondent, Relevant Party, and Bawaslu (Election Supervisory Body), as well as validate evidence at Building II of the Constitutional Court (MK) on Friday, January 24, 2025. It was presided over by Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah on panel 1.

This case was filed by Central Buton regent-vice regent candidates 02 La Andi and Abidin (Petitioners). Meanwhile, Candidate Pair 01 Azhari and Muhammad Adam Basan, who were declared as the elected pair by the Respondent, acted as the Relevant Party.

The Respondent claimed to have conducted the election in accordance with the applicable regulations, including with regard to the voter list that the Petitioners questioned in their petition.

One of the highlighted issues was two voters at Polling Station (TPS) 4 in Boneoge who did not have ID cards. According to the Respondent, these two individuals were listed in the final voter list (DPT) with a status of B, indicating that they had not been recorded by the Population and Civil Registry (Dukcapil). However, both of them had been included in the DPT since the previous election.

The Respondent investigated that the two individuals were indeed residents living near the polling station. "Therefore, there was a valid reason to include them in the DPT and allow them to exercise their voting rights," said the Respondent's legal counsel Baron Harahap Saleh.

In addition to the voting process, the Respondent also addressed the certification of the Relevant Party as the elected pair. The Petitioners argued the Respondent had determined the candidacy of the Relevant Party, Azhari, who still held the status of a civil servant (PNS) lecturer.

The Respondent ensured that the Relevant Party met the requirements because he had submitted his resignation. Azhari's dismissal as a civil servant had also been issued and received by the Respondent in November 2024.

"From the latest evidence, it turns out that there has been a termination. So, before the voting was carried out, precisely in November 2024, it was handed over to us," said Baron.

Azhari's resignation as a civil servant lecturer was also confirmed by the Relevant Party. According to the Relevant Party, the candidacy report letter was submitted to the rector of Sembilan Belas November Kolaka University on July 10, 2024. Following this, Azhari submitted his resignation as a civil servant to the rector on July 31, 2024.

"And a letter of request for dismissal at his own request was also submitted to the Minister of Education, Culture, Research, Technology, and Higher Education," said Nur Rahmat Karno, the Relevant Party’s legal counsel.

Meanwhile, Central Buton Bawaslu confirmed that the candidacy of the Relevant Party in the election had met the requirements. "The results of our supervision on August 29 showed that the requirements were met," said Central Buton Bawaslu chairperson Helius Udaya.

Helius further explained that the Sangia Wambulu District supervisory committee (Panwas) had issued a recommendation for a revote. However, the Central Buton KPU stated that the recommendation could not be followed up on, citing that it did not meet the elements outlined in Article 112 of the Election Law.

Also read: Petitioners Take Issue with Central Buton KPU’s Partiality

At the preliminary examination hearing on Tuesday, January 14, 2024, the Petitioners alleged the negligence of the organizers, including voting by unauthorized individuals, damaged ballots, and recapitulation that did not comply with the rules. They also highlighted the alleged partiality of the Respondent, i.e., instruction by the Central Buton KPU Commissioner via the cellphone of the head of the Mau Sangka District PPK (district election committee).

In their petitums, the Petitioners requested that the Court annul the Central Buton KPU decree on the certification of the Central Buton regent election results, disqualify the Relevant Party, and order the Central Buton KPU to conduct a revote.

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Eligibility of Central Buton Regent Candidate as Civil Servant Lecturer Questioned