Bawaslu providing testimony before Panel 2, led by Deputy Chief Justice Saldi Isra, accompanied by Constitutional Justices Ridwan Mansyur and Arsul Sani in examination hearing on Case Number 81/PHPU.BUP-XXIII/2025 regarding the regent election results dispute on Thursday (1/30/2025).
JAKARTA, MKRI - The Berau Regency KPU (the Respondent) denied the allegation that there was an opening of ballot boxes that were not in accordance with statutory regulations as argued by Candidate Number 1 Madri Pani and Agus Wahyudi (the Petitioners) of Case No. 81/PHPU.BUP-XXIII/2025. This was conveyed in a hearing with the agenda to hear the Respondent’s response and testimonies by the Relevant Party and Bawaslu (Elections Supervisory Body) regarding the dispute over the 2024 Berau regent election results at the Courtroom (MK) on Thursday, January 30, 2025.
“What is in question is the condition of the top of the ballot box, where the ballot papers enter, which was still not covered by the sticker seal, while the other parts remained intact,” stated Rian Wicaksana, the Respondent's legal counsel, during the hearing presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Ridwan Mansyur and Arsul Sani on Panel 2.
Rian explained the Petitioners argued that the ballot boxes were not sealed at four polling stations (TPS), as follows: TPS 001, TPS 006, and TPS 008 Gayam Village and TPS 011 Gunung Panjang Village, Tanjung Redeb District. However, the Respondent denied this argument because the ballot boxes at the four polling stations were still in a closed condition and locked with cable ties.
The Respondent ensured that it was not possible to remove items from the ballot boxes. All documents in the ballot boxes were still covered by sealed letter covers and the condition of the ballot boxes was still bound by plastic cable ties. However, there was indeed one ballot box from TPS 011 Gunung Panjang Village whose cable ties were loose and appeared to be open. However, the cable tie could not be pulled or opened because the seal sticker was still intact.
The condition of the box, when it was discovered, was when the ballot box was unloaded from the vehicle that transported the ballot box to the warehouse where the Tanjung Redeb District Election Committee (PPK) ballot box was stored. The Respondent asserts that there was never any opening of the ballot boxes and the condition of the ballot boxes was still covered in plastic.
During the break of the district plenary meeting, each candidate witness, election organizer, district supervisory committee, and police officers also coordinated and resealed the ballot boxes to avoid any tampering with them. All logistics including ballot papers in the ballot box are in paper covers sealed with stickers and wrapped in plastic which are bound as evidenced by no changes in the vote acquisition between C.Result, C.Copy Result, and D. District Result Form. As well as there are no special events and/or objections and each candidate witness has signed the D. District Result.
Chairperson of the Berau Bawaslu, Ira Kencana, stated that Berau Bawaslu received 18 reports, 13 of which were registered and five were not. Of the 13 registered reports, three led to findings: one concerning an alleged criminal offense and two regarding alleged administrative violations. The other 10 registered reports included one on alleged violations of other laws related to a survey that was deemed to interfere with the Berau regent election process, which was then forwarded to the Press Council. Additionally, there were six reports of alleged criminal offenses and three reports of alleged administrative violations.
“These six crimes include what was reported or argued by candidate number 1, namely related to several TPS that used their voting rights,” stated Ira.
He explained that Bawaslu Berau received reports of alleged voters using other people's voting rights at several TPS. However, these reports were eventually not followed up because they were not proven to be election crimes.
The same thing happened to the report on the alleged opening of ballot boxes that did not comply with statutory provisions. According to Ira, based on the results of supervision, there were no election violations in the implementation of voting and vote counting at the polling stations argued to be problematic by the Petitioners.
Candidate Number 2 Sri Juniarsih Mas and Gamalis (the Relevant Party) denied the Petitioners’ arguments regarding alleged violations related to rotation that violated Article 71 paragraph (2) of the Regional Election Law. The Relevant Party stated that the Minister of Home Affairs (Mendagri) had issued an approval for the appointment and inauguration of administrator officials, supervisory officials, and school principals within the Berau Regency Government through a letter dated May 10, 2024. Through the Minister's letter, the appointment and inauguration made by the Regent of Berau on March 22, 2024, can be approved.
“There is no legal provision that requires the Minister's approval to be issued first before a rotation is carried out,” argues the Relevant Party's legal counsel Firmanto Laksana.
As per Article 71 paragraph (2) of the Election Law, Governors and Deputy Governors, Regents or Deputy Regents, and Mayors or Deputy Mayors are prohibited from replacing officials 6 (six) months prior to the date of certification of candidate pairs until the end of the term of office unless they receive written approval from the Minister. According to the Relevant Party, the phrase “unless obtaining written approval from the Minister” can be interpreted to mean that the condition requirement is issued or given after the rotation is carried out. Meanwhile, to require the conditions to be issued or given before the rotation is carried out, the word “recommendation” should be used instead of “approval”.
Also read: Ballot Boxes Allegedly Improperly Opened in Berau Regent Election
Based on the Berau Regency KPU Decree No. 898 of 2024 on the certification of the 2024 Berau regent election results as follows: candidate number 1 Madri Pani-Agus Wahyudi received 64,894 votes and candidate number 2 Sri Juniarsih Mas-Gamalis received 65,590 votes. The Petitioners requested the Court to cancel the Berau Regency KPU Decree and determine the correct vote acquisition according to the Petitioners, as follows: candidate number 1 Madri Pani-Agus Wahyudi obtained 64,894 votes, and candidate number 2 obtained zero votes. Or order the Berau Regency KPU to conduct re-voting at all polling stations in all districts in the Berau Regency by only including candidate number 1 Madri Pani-Agus Wahyudi. Or canceling the votes in several polling stations in four villages and ordering a re-vote in those polling stations. (*)
Author : Mimi Kartika
Editor : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator : Dinita Aktivia/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.
Thursday, January 30, 2025 | 16:59 WIB 212