The KPU’s (Respondent) legal counsel Ali Nurdin testifying at the examination hearing for Case No. 165/PHPU.BUP-XXIII/2025 on the South Manokwari regent election results dispute, Thursday (1/30/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) – The argument regarding the requirement to submit a decision by an authorized official on the dismissal of state civil apparatus (ASN) within 30 days was legally groundless. According to Article 26 paragraph (2) of the General Elections Commission (KPU) Regulation No. 8 of 2024, if the decision to dismiss a candidate with ASN status has not been issued at the time of nomination, the candidate shall submit a receipt from the authorized official confirming that a letter of resignation has been submitted and cannot be withdrawn, and a statement letter indicating that the resignation as an ASN is being processed.

This response was presented by the South Manokwari Regency KPU at the examination hearing on the 2024 South Manokwari regent election results dispute on Thursday, January 30, 2025. The hearing, which was held to hear testimonies from the Respondent, the Relevant Party, and Bawaslu (Elections Supervisory Body), 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.

Regarding the arguments presented in the petition by South Manokwari regent-vice regent Candidate Pair 03 Maxsi Nelson Ahoren and Imam Syafi’i (Petitioners), legal counsel Ali Nurdin stated that they had submitted evidence including a letter of resignation, a receipt for the letter of resignation, a statement letter from the South Manokwari Personnel and Human Resources Development Agency (BPKPSDM), and the South Manokwari regent decree for the three candidates in the South Manokwari regent election.

“Meanwhile, the Respondent also denied the allegation of violations, including the involvement of regional officials in supporting one of the candidate pairs, underage voting, and money politics. The Petitioners’ argument is unclear as it does not specify when the violation occurred, how the violation was committed, or what impact it had on the vote acquisition of each candidate pair,” said Ali regarding the petition for Case No. 165/PHPU.BUP-XXIII/2025.

Salary Returned

Meanwhile, Candidate Pair 01 Bernard Mandacan–Mesakh Inyomusi (Relevant Party), through legal counsel M. Ridwan Saleh, addressed the argument regarding the absence of a letter of dismissal as an ASN from the National/Regional Civil Service Agency (BKN/BKD), which allegedly resulted in regent candidate Bernard Mandacan still receiving a salary. The Relevant Party clarified that this was not known to the individual involved, as the salary was not withdrawn for personal use. Furthermore, the September–October 2024 salary was returned by the individual to the regional treasury through Bank Papua, supported by evidence of the withdrawal/deposit/transfer via an application and a statement confirming the salary return.

“By returning the salaries paid for September–October 2024, the Relevant Party acted in good faith, recognizing that their status as a state civil apparatus had ended. This was done in compliance with the prevailing laws and regulations,” said Ridwan.

No Reports to Bawaslu

M. Saleh Safua from the South Manokwari Regency Bawaslu explained that there had been no reports regarding regional officials still actively supporting Candidate Pair 01, and therefore, no follow-up action was taken on the matter. “During the election, there were no recommendations from the South Manokwari Regency Bawaslu,” explained Saleh.

Also read: South Manokwari Regent Candidates’ Civil-Servant Status Under Scrutiny

At the preliminary examination hearing on Thursday, January 16, 2025, the Petitioners argued that Candidate Pair 01 Bernard Mandacan–Mesakh Inyomusi were no longer civil servants but remained on the payroll until October 2024. Regent candidate 02 Frengky Mandacan and regent candidate 04 Obeth Dowansiba remained civil servants until October 2024. These candidates should be disqualified in the 2024 South Manokwari regent election.

Therefore, the Petitioners filed a petition to annul the South Manokwari Regency KPU Decree No. 1433 of 2024 on the certification of the 2024 South Manokwari regent election results to the Court. The election was contested by four candidate pairs: Candidate Pair 01 Bernard Mandacan–Mesakh Inyomusi, Candidate Pair 02 Frengky Mandacan–Saul Rante Lembang, Candidate Pair 03 Maxsi Nelson Ahoren–Imam Syafi’i, and Candidate Pair 04 Obeth Dowansiba–Hengki Saiba.

The failure to investigate the validity of the candidates’ status in civil service reflects negligence, carelessness, and a lack of thoroughness on the part of the South Manokwari KPU. Furthermore, the Petitioners asserted that not disqualifying these candidates violated Law No. 20 of 2023 in conjunction with Law No. 7 of 2017 and Government Regulation No. 94 of 2021 concerning civil servant discipline. Meanwhile, Candidate Pair 03 had previously resigned as members of the Papuan People’s Assembly (MRP) despite having no obligation to do so.

Also read:

Petition for Case No. 165/PHPU.BUP-XXIII/2025

Response by the Respondent

Statement by the Relevant Party

Statement by Bawaslu

 

Author              : Sri Pujianti
Editor                : N. Rosi
Translator         : Nazila Rikhusshuba/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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