Court Rules Hendrik-Andarias Lacks Legal Standing to File Wondama Bay Election Dispute Due to Threshold Failure
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Petitioners’ legal counsel, Handri Piter Poae when attending the ruling hearing for Case No. 127/PHPU.BUP-XXIII/2025 of the 2024 Teluk Wondama regent election results dispute in the Constitutional Courtroom (MK). Photo by MKRI/Ifa


JAKARTA, MKRI - The petition for the dispute of the 2024 Teluk Wondama regent election results filed by candidate number 2, Hendrik S Mambor and Andarias Kayukatui declared inadmissible by the Constitutional Court (MK). The hearing to pronounce Decision No.127/PHPU.BUP-XXIII/2025 was held on Wednesday, February 5, 2025, in the Constitutional Courtroom. The hearing was presided over by Chief Justice Suhartoyo, accompanied by eight other Constitutional Justices.

“Adjudicating on the petition’s subject matter, [the Court] declares the Petitioner’s petition inadmissible,” said Chief Justice Suhartoyo.

The inadmissibility of this petition was due to the Petitioners’ legal position which was hampered by the threshold of the difference in vote acquisition with the Relevant Party, Candidate Pair Number 1, Elysa Auri, and Anthonius A Marani. Based on Article 158 paragraph (2) letter a of Law Number 10 Year 2016, the difference in votes which would allow the Petitioners to file a dispute, must not exceed 2 percent, the Petitioners received 8,457 votes, while the Relevant Party secured 11,569 votes. Consequently, the difference in their vote acquisition is  3.112 votes (11,569 - 8,457), equivalent to 16 percent.  

Therefore, the Petitioners lack legal standing to file a petition. The Panel also agreed with the exception filed by the Respondent (KPU Teluk Wondama) and Relevant Parties. “The Petitioners do not have legal standing to file the petition. Thus, the Respondent's exception and the Related Party's exception that the Petitioners do not have legal standing are well-founded according to the law,” stated Constitutional Justice M Guntur Hamzah when reading out the verdict.

The Constitutional Court could not rule out the applicability of Article 158 in this case because the Petitioners could not convince the Panel regarding the arguments of the petition that had been filed. In its decision, the Tribunal stated that the arguments of the petition had no basis in law.

“The Court is of the opinion that there is no reason to delay the implementation of the provisions of Article 158 of Law Number 10 Year 2016,” stated Justice Guntur.

Also read:

Alleged Hamlet Heads’ Endorsement in Teluk Wondama Regent Election

Petitioners Counter-Accused of Violations in Teluk Wondama Election

At the preliminary hearing, the Petitioners alleged that village heads had openly endorsed the Relevant Party. In some districts, village heads were alleged to have engaged in vote buying to support the Relevant Party. The Petitioners also argued that civil apparatus (ASN) had been involved as witnesses for the Relevant Party. Moreover, the Petitioners argued the Respondent had committed procedural violations at polling stations leading to discrepancies between the number of voters who cast votes and valid/invalid votes at TPS 1 of Wasior.

In the petitum, the Petitioners requested the Court to annul the Teluk Wondama Regency KPU on the certification of Teluk Wondama regent-vice regent election result. The Petitioners wish the Court for a revote in polling stations 1-7 of Wasior Satu, 1 of Simei Hamlet, 1 of Ambumi Hamlet, 1 of Yerenusi Hamlet, and 1 of Tandia Ambumi , 1 of Yerenusi Hamlet, and 1 of Tandia Hamlet.

 Author          : Ashri Fadilla.
Editor           : N. Rosi.
Translator     : Dinita Aktivia/FS (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.

 

 


Wednesday, February 05, 2025 | 09:06 WIB 15