The Petitioners’ legal counsel attending the ruling hearing for Case No.221/PHPU.BUP-XXIII/2025 on the Taliabu Island Regency election results dispute in the plenary courtroom, Wednesday (2/5/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) dismissed the petition for case No. 221/PHPU.BUP-XXIII/2024 on the 2024 Taliabu Islands regent election results dispute. This case was filed by candidate pair 3 Abidin Jaaba and Dedy Mirzan (Petitioners). Chief Justice Suhartoyo delivered the ruling along with the other eight constitutional justices in the plenary courtroom on Wednesday, February 5, 2025.

In its legal consideration, the Court addressed the Petitioners’ argument that Sashabila Widya L. Mus had not met the candidacy requirement of not having individual/legal entity liabilities that harm state finances and certificate of never having been declared bankrupt based on a court decision that has permanent legal force.

Constitutional Justice Ridwan Mansyur mentioned two certificates: one from the Bobong District Court dated August 26, 2024, confirming no individual and/or legal entity liabilities that harm the state finances, and another from the Commercial Court at the Makassar District Court, dated August 29, 2024, confirming no bankruptcy. Both certificates were issued by the Makassar District Court, which verified that Taliabu Island regent candidate 1 Sashabila Widya L. Mus (Relevant Party) was not in a state of bankruptcy. Based on these legal facts, the Court lacked confidence in the validity of the Petitioner's arguments.

“As such, on the a quo petition, [the Court found] no reason to override the applicability of the provisions of Article 158 of Law No. 10 of 2016 regarding the Petitioners’ legal standing. The Petitioners received 6,438 votes, while the Relevant Party (the candidate pair with the most votes) obtained 14,769 votes, so the vote margin is 14,769 votes minus 6,438 votes which equals 8,331 votes (21.22%) or more than 695 votes,” explained Justice Ridwan.

Also read:

Taliabu Island Regent Candidate Suspected of Bankruptcy

Taliabu Island Regent Candidate Sashabila Has No Debt, Not Bankrupt

At the preliminary hearing on Tuesday, January 14, 2025, the Petitioners argued that the nomination process of Candidate Number 01 Sashabila Widya L. Mus should be considered formally flawed because she had been declared bankrupt by the Central Jakarta Commercial Court. Therefore, from the beginning, she did not fulfill the formal requirements to be appointed as a candidate for the 2024 Taliabu Island regent election. The Central Jakarta District Court Decree stated that Ahmad Hidayat Mus was declared bankrupt. One of the assets that became the object of bankruptcy in the form of a certificate of ownership (SHM) is in the name of Salshabila Widya L. Mus.

For this reason, the Taliabu Island Bawaslu reminded the Taliabu Island KPU (Elections Commission) of the need for a certificate of never having been declared bankrupt. However, the Respondent continued to certify Salshabila Widya L. Mus as a candidate in the 2024 Taliabu Island regent election. Therefore, the Petitioners requested the cancellation of the Taliabu Island Regency KPU Decree No.188 of 2024 concerning the certification of the 2024 Taliabu Island regent election results.

The Petitioners requested the Court order the Taliabu Island Regency KPU to disqualify Candidate Number 01 Sashabila Widya L. Mus and La Ode Yasir; to order the Taliabu Island Regency KPU to conduct a revote of the 2024 Taliabu Island regent election no later than two months after the Court renders its decision by involving only Candidate Number 02 and Candidate Number 03.

Author                 : Sri Pujianti
Editor                  : N. Rosi
Translator           : Ryan Alfian/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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