The ruling hearing for case No. 250/PHPU.BUP-XXIII/2025 on the 2024 Central Mamberamo election results dispute, Wednesday (2/5/2025). Photo by MKRI.
JAKARTA (MKRI) – Based on the results of the medical examination required for the Central Mamberamo regent election, regent candidate Yonas Kenelak has fulfilled the physical and mental health requirements. This was mentioned in the Constitutional Court’s (MK) legal consideration read out by Constitutional Justice M. Guntur Hamzah at the ruling hearing on the 2024 Central Mamberamo regent election results dispute on Wednesday, February 5, 2025.
Justice Guntur explained the argument raised by Candidate Pair 03 Eremen Yogosam and Berius A. Kogoya (Petitioners) regarding Regent Candidate 02 Yonas Kenelak, who was seen using a wheelchair during the medical examination at the Jayapura Regional Hospital. Justice Guntur clarified that this was due to an incident in which he fell and sustained a spinal injury. Therefore, the Court concluded that the Petitioners’ argument in Case No. 250/PHPU.BUP-XXIII/2025 was legally groundless.
Regarding the argument for updating voter data, the Court found that the Central Mamberamo Elections Commission (KPU) had carried out the necessary steps in accordance with the election stages for the election. This included the appointment and inauguration of voter data updating officers (Pantarlih) to conduct the verification required to compile the temporary voter list (DPS), in line with KPU Decree No. 799 of 2024 on technical instructions for compiling the voter list in the election of governors and vice governors, regents and vice regents, and mayors and vice mayors.
Logistics Distribution
Regarding the argument on the distribution of election logistics, the Court argued that the Petitioners only submitted a statement letter from the tribal leaders in Ilugwa and Eragayam Districts, but failed to provide evidence supporting claims such as the absence of candidate pairs’ photos at polling stations, the failure to display the DPT (final voter list) at polling stations, and village heads’ interference with the organizers at the polling stations. In contrast, the Court observed that the Respondent had indeed distributed the necessary logistics for the voting and vote-counting process, which was carried out using the noken* system on November 25, 2024.
The distribution of election logistics, continued Justice Guntur, was carried out in accordance with the relevant laws and regulations. Even if there was negligence by the KPPS (polling station working committee) in not including photos of the candidate pairs or failing to display the DPT, such issues should have been raised as objections or special notes at the time of the incident.
“However, it has been proven that there were no objections, reports, or findings from the Bawaslu (Elections Supervisory Body) of Central Mamberamo regarding the issue. Therefore, according to the Court, the Petitioners’ a quo argument was legally groundless,” said Justice Guntur.
Based on all the legal considerations, the Court found no confidence in the truth of the main arguments presented in the Petitioners’ petition. Therefore, there was no basis to postpone the validity of Article 158 of Law No. 10 of 2016 (Regional Election Law) regarding the Petitioners’ legal standing as a formal requirement for filing a petition. The Petitioners received 8,946 votes, while the Relevant Party (candidate pair with the highest number of votes) received 20,628 votes. Thus, the difference in vote acquisition between the Petitioners and the Relevant Party was 20,628 votes - 8,946 votes = 11,682 votes (30.77%), which exceeded the threshold of 759 votes.
Also read:
Central Mamberamo Regent Candidates Deemed Unfit Physically and Mentally
Central Mamberamo KPU: Yonas Kenelak Physically, Mentally Fit
At the preliminary hearing on Thursday, January 16, 2025, the Petitioners argued that regent candidate 02 Yonas Kenelak did not meet the physical and mental health requirements as stipulated in Article 14 paragraph (2) letter e of the KPU Regulation No. 8 of 2024 on the nomination of governors and vice governors, regents and vice regents, and mayors and vice mayors. As a result, they requested the annulment of Central Mamberamo KPU Decree No. 428 of 2024 on the certification of the 2024 Central Mamberamo regent election results.
They also argued that the difference in vote acquisition was because the voting in Ilugwa and Eragayam Districts had not been conducted based on the provisions of the legislation, so these districts should conduct a revote. In the vote counting at polling stations, the witnesses were not given a copy of C-result-KWK forms, so they never signed the minutes of the event until the open plenary meeting of certification of vote acquisition of regent election results on December 5, 2024. The witnesses were also never given an invitation by the district election committees (PPD). Thus, the Petitioners requested that the Court order the Respondent to conduct revote in Eragayam and Ilugwa Districts, Central Mamberamo Regency, Papua Highland Province.
(*) The noken voting system is carried out by communities in Papua, either through public agreement on vote allocation or through the delegation of votes to a tribal leader.
Author : Sri Pujianti
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 | 16:14 WIB 235