Tomohon City Mayoral Election Result Dispute Dismissed

The ruling hearing for case No. 23/PHPU.WAKO-XXIII/2025 on the 2024 Tomohon mayoral election results dispute in the plenary courtroom on Tuesday (2/4/2025). Photo by MKRI/Bayu.

JAKARTA (MKRI) – On Tuesday, February 4, 2025, the Court declared the 2024 Tomohon mayoral election results dispute inadmissible at a ruling hearing for Case No. 23/PHPU.WAKO-XXIII/2025. The petition was filed by Candidate Pair 2 Wenny Lumentut-Octavian Michael Mait, arguing the partiality of the incumbent mayor Caroll Senduk, who is also a regent candidate 03.

"In the main petition, [the Court] declares the Petitioners' petition inadmissible," stated Chief Justice Suhartoyo and other eight constitutional justices.

Constitutional Justice Enny Nurbaningsih read out the legal consideration, stating that the Court examined facts during the hearing where Tomohon City Bawaslu (Election Supervisory Body) stated four reports regarding the a quo petition. Of the four reports, one report did not meet the formal requirements as it was reported by an ineligible voter in Tomohon City, and the next two reports were declared not to meet the formal requirements as those were reported beyond the 7-day time limit. The other report–based on the results of the study and discussion conducted by Tomohon City Bawaslu and Gakkumdu (Integrated Law Enforcement)–did not meet the elements of an election crime. In addition, the replacement of officials as argued by the a quo petition, has received approval from the Minister of Home Affairs based on the letter regarding the approval of the appointment and inauguration of administrative officials, functional teacher Officials who are given additional tasks as principals in the Tomohon City regional government.

The Petitioners also alleged misuse of government facilities by the Relevant Party. However, it was denied by the Tomohon City Bawaslu as there were no reports. On June 19, 2024, the Tomohon City Bawaslu implemented a neutrality appeal to ASN (civil servants), TNI (Indonesian Army), and Police in the implementation of the Tomohon City regional election.

"To the argument, there is no convincing evidence to the Court regarding the misuse of Tomohon City government facilities by the Relevant Party, so the Petitioners’ a quo petition is legally groundless," expressed Constitutional Justice Enny.

The Court also assessed that the requirement applied to file the Tomohon City Mayoral election results dispute petition should be a maximum of 2% multiplied by 68,009 votes (total valid votes) or 1,360 votes. Yet, the Petitioners’ vote acquisition was 29,294 votes, while the Relevant Party's vote acquisition (the most-voted candidate pair) was 31,173 votes. It implies that the difference in vote acquisition was 1,679 votes (2.5%) or more than 1,360 votes.

"Based on the legal considerations, the Court believed that despite the Petitioners being regent candidate pair in the 2024 Tomohon City mayoral election, the Petitioners do not fulfill the requirements for applying as referred to in Article 158 paragraph (2) letter a of Law 10/2016. Therefore, the Court believed that the Petitioners do not have the legal standing to file the a quo petition. Thus, the Respondent's exceptions and the Relevant Party's exceptions that the Petitioners do not have legal standing are legally justified," said Constitutional Justice Enny.

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Tomohon City Mayoral Election Result Dispute Dismissed