Bambang Wahyu Ganindra, the Petitioners’ legal counsel for case No. 85/PHPU.BUP-XXIII/2025 attending the ruling hearing for the 2024 Bandung gubernatorial election results dispute, Tuesday (2/4/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — A state civil apparatus (ASN) reshuffle has been canceled by the Bandung Regency Government. Candidate Number 01 Sahrul Gunawan and Gun Gun Gunawan (Petitioners) have also exercised their right to question the matter by filing a lawsuit to the State Administrative Court, which has been declared inadmissible.

The Court’s legal considerations in Decision No. 85/PHPU.BUP-XXIII/2025 were read out by Constitutional Justice Daniel Yusmic P. Foekh at the ruling hearing for the dispute over the 2024 Bandung regent election results on Tuesday, February 4, 2025.

“This means that the Petitioners have exercised their right to question the issue of the inauguration of officials within the Bandung Regency Government through the dispute resolution mechanism as stipulated in the legislation,” stated Justice Foekh.

Use of Logo

Meanwhile, the Bandung Regency Bawaslu (Elections Supervisory Body) has handled and reviewed the alleged violation of use of logo and has issued a status report. The use of the logo was not proven to be an election crime. Based on these legal facts, the Court was of the opinion that the alleged violation has been resolved in accordance with the applicable provisions.

Based on the legal considerations, continued Justice Foekh, the Court did not gain confidence in the validity of the main arguments of the Petitioners’ petition. Therefore, the Court was of the opinion that there was no reason to postpone the application of Article 158 of Law No. 10 of 2016 (Regional Election Law) relating to the Petitioner’s legal standing as a formal requirement in filing a dispute over the results of the election of governors, regents, and mayors.

“Therefore, there is no relevance to continue the petition to evidentiary hearings because without [it], the Court is convinced that the stages of the 2024 Bandung regent election have been conducted in accordance with the stages and provisions and the related existing problems have been resolved in accordance with applicable laws and regulations,” stated Constitutional Justice Daniel Yusmic P. Foekh.

Article 158 Not Fulfilled

Regarding the vote acquisition of the parties, Justice Foekh mentioned that the vote acquisition of the Petitioners was 827,240 votes, while that of the Relevant Party (the candidate pair that won the most votes) was 1,046,344 votes, so the difference between them was 219,104 votes (11.69%). Therefore, the Petitioners did not fulfill the provisions in Article 158 paragraph (2) letter d of Law No. 10 of 2016. The Respondent’s and Relevant Party’s exceptions that the Petitioners did not have legal standing were legally reasonable.

“[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:

Sahrul-Gun Gun Challenge Official Replacements Before Bandung Regent Election

Bandung KPU: Bawaslu Issues No Recommendation to Disqualify Dadang Supriatna

At the preliminary hearing on Wednesday, January 8, Candidate Pair 01 Sahrul Gunawan and Gun Gun Gunawan (Petitioners) argued that the replacement of officials had been carried out by candidate regent 02 Dadang Supriatna on March 22, 2024, or six months before the 2024 regional head election. At the hearing for Case No. 85/PHPU.BUP-XXIII/2025, the Petitioners’ legal counsel Bambang Wahyu Ganindra conveyed the petition on a violation of the provisions of Article 71 paragraph (2) of Law No. 10 of 2016. The Petitioners argued that the incumbent regent candidate from Candidate Pair 02 was fully aware of the consequences of violating the article and, therefore, shall be subject to the sanction of disqualification from candidacy as mandated by Article 71 paragraph (5) of Law No. 10 of 2016. Based on this provision, Bandung Bawaslu is obligated to recommend to the Respondent the disqualification of the regent candidate, either before or after the official designation as a regent and vice-regent candidate pair.

Bambang further alleged that the regent candidate had engaged in self-benefiting practices by using a personal logo in official programs and activities of the Bandung Regency Government, which was later adopted as his campaign logo for the regional election. Starting from June 19, 2024, the candidate—who was still serving as the Bandung regent—introduced a logo associated with himself for the 2024 regional election, which occurred three months before the designation of Candidate Pair 02. Additionally, the candidate pair was accused of committing other violations, including visiting polling stations and wearing symbolic clothing that displayed their campaign materials to influence voters. They were also alleged to have attended the regency-level vote recapitulation process without authorization or invitation.

Author               : Sri Pujianti
Editor                : N. Rosi.
Translator         : Dinita Aktivia/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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