Constitutional Justice Enny Nurbaningsih reading the verdict for Case No.268/PHPU.BUP-XXIII/2025 on the Southeast Maluku regent election results dispute, Wednesday (2/5/2025) in the plenary courtroom. Photo by MKRI/Bayu.

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JAKARTA (MKRI) — On Wednesday, February 5, 2025, the Constitutional Court (MK) dismissed the petition during the ruling hearing on the 2024 Southeast Maluku regent election results dispute. This case was filed by candidate pair 1 Martinus Sergius-Ahmad Yani Rahawarin. The verdict was delivered by Chief Justice Suhartoyo alongside the other eight constitutional justices at the ruling hearing.

In its legal considerations, read by Constitutional Justice Enny Nurbaningsih, the Court explained that the Petitioners’ argument that the Southeast Maluku KPU (Respondent) had systematically, structurally, and massively prepared the appointment of Assyujudiah Arief Hanubun, a member of the Southeast Maluku Regency KPU (Elections Commission), as head of the Planning, Data, and Information Division to oversee and manipulate voter data. However, the Court determined that the selection of KPU members falls under the authority of the Central KPU, as stipulated in KPU Regulation No. 2 of 2019, which amends the KPU Regulation No. 7 of 2018 regarding the selection of provincial and regency/city KPU members.

Regarding the legal fact that Assyujudiah Arief Hanubun has a family relationship with M. Taher Hanubun, candidate 03 (M. Taher Hanubun–Charlos Viali Rahantoknam), the Court found that the applicable ethical regulations had been followed. Specifically, the requirements outlined in DKPP (Election Organizer Ethics Council) Regulation No. 2 of 2017 concerning the Code of Ethics and Guidelines for the Conduct of General Election Organizers were met, including a public disclosure through an open statement immediately after M. Taher Hanubun was officially declared as a regent candidate on September 22, 2024. “Therefore, the Court deems the Petitioners’ argument legally groundless,” stated Justice Enny.

TSM Violations

Furthermore, the Court believed that the Petitioners’ argument that the Respondent had deliberately and systematically prepared members of the Southeast Kei Kecil District election committee (PPK) Rustam Larubun, Siti Uji Hanubun, and Mohamad Arif as well as the formation of the polling committees (PPS) and the polling station working committees (KPPS) in various villages within Southeast Kei Kecil District, all of whom were allegedly linked to the Relevant Party. The Court found that the formation of the PPK, PPS, and KPPS was conducted following the prevailing laws and regulations. Additionally, the selection process was transparently announced at each stage, allowing for public scrutiny and responses.

Regarding the Petitioners’ argument about the 11 Bawaslu (Elections Supervisory Body) recommendations for a revote, which were only carried out at TPS 1 of Ohoi/Mun Ohoiir Village, North West Kei Besar District, and TPS 1 and TPS 2 of Ohoi/Danar Ternate Village, Southeast Kei Kecil District, the Court evaluated the impact of the Respondent’s failure to revote. According to the Relevant Party, it was necessary to assess whether a revote at the remaining 8 polling stations would significantly affect the election results. After calculating the total number of final voter list (DPT) in those 8 TPS, the Court found that the numbers did not surpass the vote margin between the Petitioners and the Relevant Party. Therefore, the revote would not have substantially altered the Petitioners’ vote tally.

Also read:

Village Head in Southeast Maluku Involved in Candidate’s Winning

Southeast Maluku KPU: Revote Recommendation Executed at 11 Polling Stations

At the preliminary examination hearing on Tuesday, January 14, 2025, the Petitioners requested the annulment of the Southeast Maluku KPU Decree No. 57 of 2024 on the certification of the 2024 Southeast Maluku regent election results. They cited the vote count for each candidate pair according to the Respondent, with the Petitioners receiving 25,038 votes, Candidate Pair 02 Djamaludin Koedoeboen–Willibrordus Lefteuw securing 5,790 votes, and Candidate Pair 03 M. Thaher Hanubun–Charlos Viali Rahantoknam obtaining 28,929 votes, bringing the total valid votes to 59,757.

Based on the vote acquisition, the Petitioners identified several structured, systematic, and massive (TSM) violations. These violations included: the Southeast Maluku KPU and its staff failing to remain neutral during the election; the failure to implement several recommendations from the Southeast Maluku Bawaslu regarding a revote; the widespread illicit voting to benefit Candidate Pair 03; the involvement of district heads to campaign for Candidate Pair 03; the involvement of state civil apparatus (ASN) in supporting Candidate Pair 03; and the participation of village heads (kepala ohoi), village officials, village secretaries, and other village personnel in supporting Candidate Pair 03. Although Bawaslu had authorized revotes in several districts, the Respondent had yet to implement them in certain areas, including TPS 001 and TPS 002 of Dian Pulau Village, Sorbay Panas District; TPS 001 of Hoor Islam Village and TPS 001 of Mun Werfan Village in North West Kei Besar District; TPS 004, TPS 006, TPS 011 of Langgur Village in Kei Kecil District; and TPS 001 of Ohoiseb Village in Southeast Kei Kecil District. Furthermore, the involvement of village heads and their staff in campaigning for Candidate Pair 03 was described as covert campaign.

Author              : Sri Pujianti
Editor               : N. Rosi
Translator         : Syifa Amelia/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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