The Petitioners’ legal counsel at the ruling hearing for Case No. 235/PHPU.BUP-XXIII/2025 on the Sukabumi regent election results dispute, Wednesday (2/5/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) - The Constitutional Court (MK) dismissed the petition for Case No. 235/PHPU.BUP-XXIII/2025 filed by Sukabumi Regent Candidate Pair 01 Iyos Soemantri and Zainul. This decision 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.
“On the petition’s subject matter, [the Court] declares the Petitioners’ petition inadmissible,” said Chief Justice Suhartoyo.
Constitutional Justice Arsul Sani explained that the Court made this decision after considering the legal standing of the Petitioners based on the provisions of Article 158 of Law Number 10 of 2016. This provision outlines the threshold requirements to file a petition on election results dispute, which is 0.5 percent or equivalent to 5,319 votes. However, the Petitioners obtained 498,990 votes.
Candidate Pair 02 Asep Japar and Andreas (Relevant Party) as the elected pair with the highest number of votes obtained 564,862 votes. The vote margin between the two parties reached 65,872 votes, or 6.19 percent, exceeding the threshold requirement. Therefore, the Petitioners were considered to lack the legal standing to file a petition for Sukabumi Regency.
"Considering that based on the legal considerations above, the Court is of the opinion that the Petitioners do not have the legal standing to file the a quo petition," explained Justice Arsul Sani.
According to the Court, the provisions of Article 158 cannot be overridden since the Petitioners could not convince the arguments of their petition. "Moreover, regarding the a quo petition, the Court did not find any special conditions or incidents," said Justice Arsul.
At the preliminary examination hearing, the Petitioners alleged that vote inflation had occurred at 469 polling stations (TPS). They also alleged structured, systematic and massive (TSM) violations by the involvement of the Sukabumi District state civil apparatus (ASN).
With those arguments, the Petitioners requested that the Court order the Respondent to do a revote at 469 polling stations in 27 districts in Sukabumi Regency. They also requested the Court to disqualify the other candidate or declare the votes at those 469 polling stations invalid.
Author : Ashri Fadilla
Editor : Tiara Agustina
Translator : Nazila Rikhusshuba/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 | 22:50 WIB 101