The Petitioners’ legal counsel attending the ruling hearing for case No. 124/PHPU.BUP-XXIII/2025 on the 2024 West Sumba regent election results dispute, Wednesday (2/5/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) – The Constitutional Court (MK) dismissed the petition on the 2024 West Sumba regent election results dispute filed by Candidate Pair 03 Agustinus Niga Dapawole and John Lado Bora Kabba. This decision for Case No. 124/PHPU.BUP-XXIII/2025 was delivered by Chief Justice Suhartoyo alongside the other eight constitutional justices at the ruling hearing on Wednesday, February 5, 2025 in the plenary courtroom.
“[The Court] adjudicated, on the exceptions regarding the [Court’s] authority: to grant the exceptions on the deadline for filing the petition, on the petition’s subject matter: to declare the Petitioners’ petition inadmissible,” said Chief Justice Suhartoyo.
In its legal considerations, delivered by Constitutional Justice Arsul Sani, the Court stated that the Petitioners’ petition was filed beyond the submission deadline. Based on Law No. 10 of 2016 and Constitutional Court Regulation No. 3 of 2024, a petition on the election results dispute can be filed to the Court no later than three days from the announcement of the determination of the vote acquisition results by the General Elections Commission (KPU). Therefore, the Respondent’s exception regarding the deadline by the Court was declared legally justified.
In addition, Justice Arsul said, since the petition passed the deadline, the Court did not consider the legal standing, the petition’s subject matter, or other matters. In fact, the Court did not consider any other exceptions other than the exception regarding the deadline for filing the petition.
“Other exceptions, the legal standing, the subject matter of the Petitioners’ petition, and other matters are not considered as they are deemed irrelevant,” said Justice Arsul.
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At the preliminary examination hearing, the Petitioners argued that the West Sumba Elections Commission (KPU) had violated people’s voting rights in the 2024 West Sumba regent-vice regent election. They also argued that the West Sumba KPU had disregarded the voting rights of remote communities by not establishing accessible polling stations.
The Petitioner considered the unavailability of accessible polling stations a deliberate attempt of the Respondent to suppress voter participation in West Sumba Regency. With limited access to the polling stations, the remote communities were discouraged to vote, resulting in only 66% voter turnout of the 96,835 registered voters on the final voters list (DPT).
As such, the Petitioners request the Court to order the West Sumba KPU for a revote and update the inaccurate DPT according to applicable regulations.
Author : Ahmad Sulthon Zainawi
Editor : Fitri Yuliana
Translator : Nazila Rikhusshuba/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.
Wednesday, February 05, 2025 | 21:38 WIB 215