The Relevant Party’s legal counsel Petrus P. Ell while testifying in the examination hearing for Case No. 241/PHPU.GUB-XXIII/2025 concerning the South Papua gubernatorial election results dispute, Friday (1/31) in the panel 3 courtroom. Photo by MKRI/Bayu

---

JAKARTA (MKRI) – The South Papua Province KPU (Elections Commission) as the Respondent refuted the argument raised by Candidate Pair 3 Romanus Mbaraka-Albertus Muyak, and Candidate Pair 4 Apolo Safanpo-Paskalis Imadawa. The argument stated that these candidates did not qualify for the 2024 South Papua gubernatorial election due to not meeting the requirements as Indigenous Papuans (OAP). However, the Respondent asserted that both candidate pairs had fulfilled the necessary criteria.

The statement was delivered by the Respondent’s legal counsel Petrus P. Ell in the examination hearing to hear the Respondent, the Relevant Party, Bawaslu (Election Supervisory Body), and to approve the parties’ evidence for Case No.  241/PHPU.GUB-XXIII/2025. The hearing was presided over by Constitutional Justice Arief Hidayat (panel chair) and Constitutional Justice Anwar Usman and Enny Nurbaningsih on panel 3 on Friday, January 31, 2025.

Petrus stated that gubernatorial candidate 3 Romanus Mbaraka, and candidate 4 Apolo Safanpo had received consideration and approval from the Papuan People’s Assembly (MRP) of South Papua Province. This approval was formalized in the Decree of the MRP of South Papua Province No. 162/856/MRP-PPS/IX/2024 dated September 17, 2024, regarding the Provision of Consideration and Approval of Papuan People’s Assembly for Prospective Gubernatorial Candidates of South Papua Province for the 2024–2029 term.

Before issuing Decree No. 162/856/MRP-PPS/IX/2024, the South Papua Province MRP formed a special committee (Pansus). This committee was responsible for conducting a two-week factual verification process for all gubernatorial candidates participating in the South Papua gubernatorial election.

"Based on the verification results [by the MRP of South Papua Province] in the schedule and stages carried out by the Respondent, candidate pairs 3 and 4 have met the requirements as Indigenous Papuans," said Petrus.

Following the issuance of the South Papua Province MRP Decree No. 162/856/MRP-PPS/IX/2024, the South Papua KPU officially certified four candidate pairs for the South Papua gubernatorial election. The Respondent stated that they did not have the authority to verify the requirements for Indigenous Papuans (OAP), as outlined in Article 28 paragraph (1) of the Special Regional Regulation of Papua Province No. 6 of 2011 regarding the Gubernatorial Election. This regulation specifies that "MRP has the responsibility and authority to provide considerations and approval for prospective candidates for governor and vice-governor."

Petrus also denied the argument that the South Papua KPU failed to thoroughly examine the documents required for Indigenous Papuans, citing that South Papua KPU had conducted the verification of the required documents following Article 104 of KPU Regulation (PKPU) No. 8 of 2024.

"As the Respondent, we again affirm and reject all of the Petitioners’ arguments claiming that the gubernatorial candidate pair 3 and 4 are not indigenous Papuans, this is not true, it is slander, and it is a very cruel accusation," asserted Petrus.

Deny Alleged Intervention to Meet Indigenous Papuans Requirements

Meanwhile, Candidate Pair 4 Apolo Safanpo-Paskalis Imadawa (Relevant Party) represented by legal counsel Latifah Anum Siregar refuted the claim that gubernatorial candidate 4 did not meet the requirements for candidacy in the South Papua gubernatorial election, specifically the requirement of being Indigenous Papuans.

The Relevant Party presented evidence from the verification team of the South Papua Province MRP, conducted at the JEW Traditional House of the Asmat Tribe in Syuru Village, Asmat Regency. They found that Apolo Safanpo was indeed a Native Papuan, following a statement of recognition from Feliks Owem.

She also denied any intervention by Paskalis Imadawa with the South Papua Province MRP in fulfilling the requirements for Indigenous Papuans. It is noted that Paskalis, who was recently inaugurated as Deputy II of the South Papua MRP by the Minister of Home Affairs on May 15, 2024, had no involvement in influencing the process.

Paskalis is reported to have submitted his resignation from his position in the South Papua MRP on July 15, 2024. Latifah also emphasized that Paskalis was no longer involved in the South Papua MRP plenary meeting on September 17, 2024, which focused on providing considerations and approval for the prospective candidates for gubernatorial candidates for the 2024–2029 term.

"Because Paskalis Imadawa, vice governor candidate has submitted a resignation request to the Minister of Home Affairs on July 15, 2024, and a copy has been sent to the Governor of South Papua and the Chairperson of the MRP PPS [South Papua Province]," said Latifah.

Furthermore, Yeuw M Felix Tethool, a member of South Papua Provincial Bawaslu stated that Bawaslu received four reports of alleged violations, but none were related to the Petitioners’ petition. South Papua Bawaslu also monitored the registration process of prospective candidate pairs.

"The South Papua KPU conducted a file examination for each candidate by focusing on the nomination requirements and candidate requirements to ensure that the nomination requirements are correct and complete," said Felix.

"The KPU reminds prospective candidate pairs regarding documents on the authenticity of Papuan Indigenous People which will be submitted to the Papuan People's Assembly for verification," he added.

Also read: Two Governor Candidates Questioned for Not Being South Papua Natives

In the preliminary hearing on Thursday, January 16, 2025, Candidate Pair 1 Darius Gewilom-Yusak Yaluwo (Petitioners) argued that gubernatorial candidates 3 and 4 did not meet the requirements for candidacy for the South Papua gubernatorial election as Indigenous Papuans.

Gubernatorial candidate 4 Apolo Safanpo was reported to have no parents who are originally from Papua. Apolo's father, Shabakin Samad, was from Sulawesi, while his mother, Perpetua Jimomber Safanpo, was from the Asmat tribe in South Papua.

Gubernatorial candidate 3 Romanus Mbaraka also did not meet the requirement of being a native Papuan. His parents, Bernadus Kramayir and Veronika Kairaf, were not from Papua. "Kramayir" is from Maluku, meaning Romanus Mbaraka's lineage comes from his mother.

In the petitums, the Petitioners requested that the Court annul KPU Decree No. 217 of 2024 concerning the certification of the 2024 South Papua gubernatorial election results, dated December 8, 2024. They also requested that the Court declare candidate pairs 3 and 4 do not meet the requirements as candidates for governor and vice-governor of South Papua.

Furthermore, the Petitioners requested that the Court disqualify candidate pairs 3 and 4 based on the South Papua KPU Decree No. 120 of 2024 concerning Amendments to the South Papua KPU Decree No. 68 of 2024 concerning the certification of candidate pairs for the 2024 South Papua gubernatorial election, dated October 11, 2024. They also referred to the South Papua KPU Decree No. 121 of 2024 concerning the Amendments to the South Papua KPU Decree No. 70 of 2024 on the certification of the serial numbers of candidate pairs for the 2024 South Papua gubernatorial election, dated October 11, 2024. The Petitioners requested that the Court order the South Papua KPU to conduct a revote by excluding candidate pair Romanus Mbaraka-Albertus Muyak and candidate pair Apolo Safanpo-Paskalis Imadawa.

Author: Nawir Arsyad Akbar
Editor: Lulu Anjarsari P.
PR: Tiara Agustina
Translator: Syifa Amelia/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.

 

---