The Petitioners’ legal counsel Kariadi at the ruling hearing for case No. 276/PHPU.GUB-XXIII/2025 on the 2024 Southwest Papua gubernatorial election results dispute, Wednesday (2/5/2025). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — The nomination requirements in the 2024 Southwest Papua governor election results were in accordance with applicable regulations. The issue of the recommendation of Indigenous Papuans (OAP) has been decided by the Papuan People’s Assembly (MRP). Meanwhile, to restore the status as a candidate pair, Candidate Pair Number 01 Abdul Faris Umlati and Petrus Kasihiw (Petitioners) have also taken legal remedies up to the cassation level at the Supreme Court.

This explanation was mentioned in the Constitutional Court’s (MK) legal considerations read out by Constitutional Justice Daniel Yusmic P. Foekh. The ruling hearing for the 2024 Southwest Papua governor election was on Wednesday, February 5, 2025.

“Until finally the Southwest Papua Provincial KPU Decree No. 78 of 2024 concerning the certification of candidate pairs for the 2024 Southwest Papua Province governor election was declared valid again and certifies that the Petitioners and Relevant Party (Candidate Number 03 Elisa Kambu-Ahmad Nausrau) had fulfilled the requirements based on statutory provisions. Thus, the Petitioners’ a quo argument was not legally justified,” explained Justice Foekh on the Petitioners’ argument that there had been a conspiracy by the regional election organizers and tge MRP to hamper their participation in the contestation.

Vote Buying

The Court was of the opinion that the arguments of vote buying violation and voter mobilization had been reported and followed up by the Bawaslu (Elections Supervisory Body), both the Raja Ampat Regency Bawaslu and the Southwest Papua Provincial Bawaslu. Meanwhile, with regard to the presence of the Relevant Party at polling stations on the day of voting, it was proven that both of them used their voting rights at different polling stations in the area where they lived.

“And based on the Southwest Papua Provincial Bawaslu’s report, the visit made by Elisa Kambu at 16:00 WIT was where the voting process had been completed, so it could not be categorized as part of influencing voters to vote for her. Thus, the a quo argument of the Petitioners has no basis in law,” stated Justice Foekh.

Vote Acquisition

The votes obtained by the Petitioners were 79,635 votes, while the votes obtained by the Relevant Party (the candidate pair who won the most votes) were 144,598 votes, so the difference between the two was (144,598 - 79,635) 64,963 votes or 21.01% or more than 6,179 votes. Based on these results, the Court was of the opinion that although the Petitioners were a candidate pair in the 2024 Southwest Papua Province governor election, the Petitioners did not fulfill the provision for filing a petition as referred to in Article 158 paragraph (1) letter a of Law No. 10 of 2016.

“[The Court] adjudicated, on the exceptions: 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 Deputy Justice Saldi Isra.

Also read:

Partisanship and Discrimination Undermine Southwest Papua Gubernatorial Election

Conspiracy against AFU-Petrus in Southwest Papua Governor Election Denied

At the preliminary hearing on Thursday, January 16, 2025, the Petitioners asked for the cancellation of the Southwest Papua Provincial KPU (Elections Commission) Decree No. 115 of 2024 concerning the certification of the 2024 Southwest Papua governor election results. According to the Petitioners, the difference in votes that occurred in the Southwest Papua governor election was due to violations allegedly committed by Candidate Pair Number 03, thus fulfilling the criteria for a revote. The Petitioners argued that from the beginning, his candidacy had been full of attempts of obstruction and disruption.

The MRP stated that the Petitioners are not indigenous Papuans, so they were not eligible to advance in the Southwest Papua governor election. This decision results in political discrimination against the Petitioners, which is contrary to Article 20 paragraph (1) of Law No. 21 of 2001 on the Special Autonomy for Papua Province.

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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