Bawaslu at the examination hearing for the 2024 Kaimana regent election case No. 254/PHPU.BUP-XXIII/2025 to hear the Respondent, the Relevant Party, and Bawaslu, Thursday (1/30/2025). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The Constitutional Court (MK) held an examination hearing to hear the Respondent’s response and testimonies by the Relevant Party and Bawaslu (Elections Supervisory Body), which was presided over by Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Ridwan Mansyur and Asrul Sani on panel 2 on Thursday, January 23, 2025. As the Respondent, the Kaimana Elections Commission (KPU) delivered their response to the petition filed by Candidate Pair 2 Freddy Thie–Sobar Somat Puarada (Petitioners) on the Kaimana regent election results dispute for Case No. 254/PHPU.BUP-XXIII/2025. Through legal counsel La Radi Eno, the Respondent denied the Petitioners’ allegation that the certification of Candidate Pair 1 Hasan Achmand–Isak Waryensi (Relevant Party) as a candidate pair was legally flawed for not meeting the 10% threshold of vote representation.

La Radi Eno explained that the Respondent had extended the candidacy registration by 3 days since only one prospective candidate pair had signed up by August 29, 2024. The registration period was extended from September 2 to September 4, 2024 in accordance with the provisions of Article 135 of General Elections Commission Regulation No. 10 of 2024.

“On September 4, 2024 at 15:45 WIT, prospective regent candidate pair Hasan Achmad and Isak Waryensi registered,” stated Radi.

He also explained that the Relevant Party had registered using the threshold of valid votes for political party coalitions instead of the threshold of valid votes for political parties. Specifically, the Relevant Party was nominated by a coalition of five endorsing political parties whose votes added up to 4,564 or 15 percent of the valid votes. PAN (National Mandate Party) contributed 2,257 votes, Labor Party 561 votes, PKS (Prosperous Justice Party) 557 votes, Perindo (United Indonesia Party) 977 votes, and Ummat Party 212 votes.

Therefore, in their petitums, the Respondent requested the Court to reject the Petitioners’ petition in its entirety and to affirm the validity of the Kaimana KPU decree on the certification of the 2024 regent election results.

Also read: Threshold Not Met in Kaimana Election, Freddy-Sobar Say

Similarly, the Relevant Party through their legal counsel Heru Widodo also refuted the Petitioners’ arguments, specifically those related to the endorsement of the Relevant Party by PAN, who had earlier endorsed the Petitioners. Heru reported that the endorsement issue had been resolved by the Kaimana Elections Supervisory Body (Bawaslu) in their decision on the deliberation for election dispute resolution, thus clearing the issue.

Furthermore, Heru clarified that the Relevant Party registered to be a regent candidate pair endorsed by a coalition of political parties after the issuance of the decision by the Kaimana Bawaslu. They argued that the Respondent had accepted their application document, and upon verification, declared their eligibility.

“The Respondent’s action to open and readmit applications with changes in the political parties endorsing the candidate pairs was not in conflict with the legal provisions and was in accordance with the previous Constitutional Court Decision, i.e. Decision No. 67/PHP.KOT-XIX/2021 on February 16, 2021 on the Sungai Penuh mayoral election results dispute,” Heru concluded.

Thus, in their petitums, the Relevant Party requested the Court to reject the Petitioners’ petition in its entirety and to affirm the validity and legality of the Kaimana KPU decree on the certification of the 2024 regent election results.

Meanwhile, on behalf of the Kaimana Bawaslu, Jhon Philip Kiruwa delivered a statement, which in essence confirmed that the institution had received an election dispute complaint on September 12, 2024. Then, on September 14, 2024, the Bawaslu issued a decision stating that the parties reached a resolution following a closed deliberation to observe the KPU Circular Letter.

Kiruwa also reported that the Kaimana Bawaslu had issued an inadmissibility notice on October 1, 2024, declaring that the object disputed by the Petitioners was not in accordance with the laws and regulations, on the basis that the Petitioners had not been directly harmed by the Kaimana KPU decree.

Also read:

Petition for Case No. 254/PHPU.BUP-XXIII/2025

Response by the Respondent

Statement by the Relevant Party

Statement by Bawaslu

 

Author              : Ahmad Sulthon Zainawi
Editor               : N. Rosi
Translator         : M. Hafidh Al Mukmin/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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