Bawaslu’s representatives testifying at the examination hearing for Case No. 260/PHPU.BUP-XXIII/2025 on the regent election results dispute before Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur and Arsul Sani, Thursday (1/30/2025). Photo by MKRI/Teguh.

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JAKARTA (MKRI) - The Boven Digoel Regency Election Commission (KPU), as the Respondent, refuted the argument of Boven Digoel regent-vice regent candidates 04 Hengki Yaluwo and Melkior Okaibob (Petitioners), who claimed that the Respondent failed to fulfill its obligation to conduct a careful and in-depth examination of the data and documents submitted during the registration of Candidate Pair 03 Petrus Ricolombus Omba and Marlinus (Relevant Party). The rebuttal was delivered in the examination hearing for Case No. 260/PHPU.BUP-XXIII/2025 presided over by Deputy Chief Justice Saldi Isra and Constitutional Justices Ridwan Mansyur and Arsul Sani on Thursday, January 30, 2025, at the Constitutional Court. This hearing was held to hear testimonies from the Respondent, the Relevant Party, and Bawaslu (Election Commission Body), as well as validate evidence from parties.

Also read: Hengki-Melkior: Boven Digoel Elections Commission Covered Up Convict Status

The Respondent's legal counsel Frederika Korain explained that the status of the Relevant Party as a convict, as questioned by the Petitioners, should not be compared to Constitutional Court Decision No. 132/PHP.BUP-XIX/2021 on the Boven Digoel regent election results dispute. She clarified that the Petitioners’ request and the decision are not comparable, as the case in question involved a punishment threat of five years or more, whereas in this case, the circumstances are different.

"The crime is considered desertion in times of peace, and the imprisonment is 2.8 years," said Frederika.

Fredrika further explained that the Respondent followed a thorough process during the election, from announcing the candidate pairs to the crucial phase of public response, during which the Petitioners did not take the opportunity to raise any objections regarding the status of the regent candidate to the Relevant Party.

"In the evidence we have submitted, the opportunity for public response was carried out by the Respondent through announcements in local mass media and on the KPU website, and there was very intense communication established with the LOs of each candidate pair," added Frederika.

Fredrika further explained that in the two main documents, namely the Police Clearance Certificate (SKCK) and the Certificate of No Criminal Conviction from the Merauke District Court, there was no mention of the Relevant Party's status as a convict. The letter from the Merauke District Court clearly stated that the Relevant Party was not involved in any criminal act.

"So, based on the two main documents submitted by the Respondent, it is clear that the Respondent has carried out the entire verification process thoroughly and correctly during registration, based on the documents provided," Fredrika continued.

Based on the above arguments, the Respondent respectfully requested that the Court reject the Petitioners’ petition in its entirety and affirm the validity of the Respondent's decree on the certification of the 2024 Boven Digoel regent election results.

On the other hand, the Relevant Party, through legal counsel Viktor Santoso Tandiasa, also refuted the Petitioners argument regarding the status of the regent candidate from the Relevant Party as a former convict based on the decisions of the Surabaya III High Military Court and the Supreme Court. He argued that the criminal acts committed by the regent candidate do not meet the elements outlined in Article 7 paragraph (2) letter g of the Regional Head Election Law and Article 14 paragraph (2) letter f of KPU Regulation No. 8 of 2024.

"Petrus Ombo, with the status of a former convict for desertion during peacetime as regulated in Article 87 paragraph (2) of the Military Criminal Code, carries a sentence of 2 years and 8 months, Your Honors, meaning that it does not fall within the elements of Article 7 paragraph (2) letter g of the Regional Election Law and Article 14 paragraph (2) letter f of KPU Regulation No. 8 of 2024," said Viktor.

Furthermore, Viktor also denied the Petitioners’ argument, claiming that the regent candidate violated the provisions of Article 7 paragraph (2) letter i of the Regional Election Law. According to him, the military criminal acts committed by the regent candidate were not reprehensible acts as contained in the article, which include gambling, drunkenness, drug use/dealing, adultery, and other acts that violate morality.

Based on the above arguments, the Relevant Party requested the Court to reject the Petitioners’ petition in its entirety and affirm the validity of the Respondent's decree on the 2024 Boven Digoel regent election results.

Meanwhile, the Boven Digoel Regency Bawaslu, represented by Fransiskus Asek, stated that no objections were raised to the Bawaslu regarding the candidate requirements as argued or disputed by the Petitioners.

Also read: Petition for Case No. 260/PHPU.BUP-XXIII/2025

Author  : Ahmad Sulthon Zainawi
Editor   : N. Rosi
Translator     : Nazila Rikhusshuba/FS (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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