The Petitioners’ legal counsel Michael Remizaldy Jacobus at the ruling hearing for case No. 107/PHPU.BUP-XXIII/2025 PHPU on the North Minahasa regent election results dispute, Tuesday (2/4/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) – The Constitutional Court (MK) dismissed the petition for the 2024 North Minahasa regent election results dispute filed by Candidate Pair 01 Melky Jakhin Pangemanan and Christian Kamagi (Petitioners). This verdict for Case No. 107/PHPU.BUP-XXIII/2025 was delivered by Chief Justice Suhartoyo at the examination hearing for the 2024 election results dispute on Tuesday, February 4, 2025.

In its legal considerations, delivered by Constitutional Justice M. Guntur Hamzah, the Court stated that the Petitioners had failed to present relevant evidence to support the argument regarding the reshuffle of officials within the North Minahasa Regency Government. This conclusion was reached after reviewing the evidence, particularly concerning the transfer of employees by the Relevant Party (Candidate Pair 02 Joune James Esau Ganda–Kevin William Lotulong), which was conducted without the approval of the Minister of Home Affairs.

“Therefore, the Court is not convinced that an administrative violation in the form of the transfer ASN during the North Minahasa regent election occurred in a manner that could influence the vote acquisition of any particular candidate pair,” stated Constitutional Justice Guntur in the plenary courtroom.

Misuse of State Facilities

Furthermore, regarding the Petitioners’ argument on the alleged misuse of state facilities to support the Relevant Party’s campaign and the politicization influencing vote acquisition, the Court found no conclusive evidence to support the Petitioners’ claims. Consequently, there was no reason to postpone the enforcement of Article 158 of Law No. 10 of 2016 concerning the Petitioners’ legal standing. Additionally, the Court did not identify any special conditions/incidents in the petition. Thus, the Court proceeded to consider the legal standing of the Petitioners.

Justice Guntur stated that the Petitioners’ vote acquisition was 51,070 votes, while the Relevant Party (candidate pair with the highest number of votes) received 70,620 votes. Therefore, the vote margin between the Petitioners and the Relevant Party was 70,620 votes minus 51,070 votes, or 19,550 votes (16.07%), which was more than 2,434 votes.

“[The Court] adjudicated, on the exception: to grant the Respondent’s and the Relevant Party’s exceptions regarding the Petitioners’ legal standing, to reject the Respondent’s and the Relevant Party’s exceptions for the remainder; on the petition’s subject matter: to declare the Petitioners’ petition inadmissible,” said Chief Justice Suhartoyo while reading out the verdict for this case.

Also read:

Melky-Christian Accuse North Minahasa Incumbent of Campaign Violations

Joune-Kevin: North Minahasa Government Officials’ Transfers Cancelled

At the preliminary examination hearing on Monday, January 13, 2025, the Petitioners filed a petition to the Court, requesting the annulment of General Elections Commission (KPU) Decree No. 1287 of 2024 on the certification of North Minahasa regent-vice regent election result. The Petitioners stated the Respondent’s vote results as follows: Candidate Pair 01 (Petitioners) received 51,070 votes, while Candidate Pair 2 Joune James Esau Ganda-Kevin William Lotulong as the Relevant Party received 70,620 votes. The Petitioners claimed that the Relevant Party should have obtained 0 votes, considering they had been obtained through structured, systematic and massive (TSM) violations.

These TSM violations include the transfer or reassignment of officials within North Minahasa Regency Government, which were subsequently reversed following the Minister of Home Affairs’ letter on the revocation of the North Minahasa regent decree on inauguration within the North Minahasa Regency Government, dated April 17, 2024. These officials were subsequently reinstated to their previous positions.

The Petitioners argued that the incumbent regent candidate’s decision to change officials qualifies as an official change had been conducted without the required approval from the Minister of Home Affairs. This action constituted a violation of Article 71, paragraph (2) of Law No. 10 of 2016. Consequently, the incumbent should have been disqualified by the KPU. However, the Respondent failed to enforce this disqualification. Specifically, the incumbent’s reshuffle of officials on March 22 and April 17, 2024 should be deemed as unauthorized and directly contravened the applicable legal provisions.

Author              : Sri Pujianti
Editor                : Fitri Yuliana
Translator         : Nazila Rikhusshuba/Yuniar Widiastuti (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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