Charles Simabura testifying as an expert for the Petitioners of case No. 168/PHPU.WAKO-XXIII/2025 on the 2024 Palopo City mayoral election results dispute, Friday (2/7/2025). Photo by MKRI/Teguh.

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JAKARTA (MKRI) — On Friday, February 7, 2025, the Constitutional Court (MK) held an evidentiary hearing for case No. 168/PHPU.WAKO-XXIII/2025 on the 2024 Palopo City mayoral election. The hearing featured witness and expert testimonies, along with the examination and validation of additional evidence focusing on the Petitioners’ argument to challenge the validity of diploma of the Palopo mayoral candidate 4 Trisal Tahir.

At the hearing, mayoral candidate pair 2 Farid Kasim and Nurhaenih (Petitioners) presented a constitutional law lecturer from Andalas University, Charles Simabura, who stated that a decree issued by the Respondent, the Palopo City KPU (Elections Commission), to change Trisal Tahir’s candidacy status from ineligible to eligible had violated Article 8 of Law No 30 of 2014 (Government Administration Law).

“Under Article 56 of the Government Administration Law, the KPU’s decree could be considered invalid and subject to annulment,” explained Simabura before Deputy Chief Justice Saldi Isra (panel chair) and Constitutional Justices Ridwan Mansyur and Arsul Sani on panel 2.

Simabura explained that the Respondent’s request for clarification from the authorized official of North Jakarta Region II Education Office was legally valid and correct for determining the diploma’s validity. The clarification results indicated that Trisal Tahir’s diploma was not registered with the education office, which led the Palopo City KPU’s to declare that Trisal Tahir not meeting the candidacy administration requirements based on the statutory provisions.

However, Simabura regretted that the Palopo City KPU had changed Trisal’s status from ineligible to eligible based on a dispute settlement resolution by the Palopo City Bawaslu (Elections Supervisory Body), which allegedly violated statutory provisions. The Palopo City KPU sought clarification from the Education Community Learning Center (PKBM), leading to the decision to reinstate Traisal’s eligibility status. The principal of PKBM Yusha, where Trisal obtained his GED diploma, confirmed its validity.

“So, comparing the PKBM’s statement and the Education Office’s statement was not valid from a substantial or formal standpoint. Why? We cannot juxtapose them as one was issued by an authorized official, while the other was not, according to Regulation of the Minister of Education,” Simabura asserted.

Meanwhile, the Respondent presented former Palopo City KPU commissioner Muhatzhir Muh. Hamid, who was sanctioned by the Election Organizer Ethics Council (DKPP) due to this nomination issue. Muhatzhir stated that the rebuttal letter from the principal of PKBM Yusha, Bonar Johnson, to the statement by the North Jakarta Region II Education Office served as indisputable evidence of the validity of Trisal’s GED diploma. The Respondent and Palopo City Bawaslu had sought clarification from Bonar Johnson through video teleconference.

“In essence, the PKBM principal acknowledged that Trisal Tahir completed his studies at PKBM Yusha in 2016. The principal himself [confirmed it],” stated Muhatzhir.

Clarification

Candidate pair 4 Trisal Tahir and Akhmad Sarifuddin (Relevant Party) presented Bonar Johnson, who stated that PKBM had never issued any GED diplomas, only administered GED exams. Bonar also asserted that Trisal Tahir was his former student, affirming the validity of Trisal’s GED.

“From the beginning, I affirmed that (Trisal Tahir) was my student, (with supporting data) available,” stressed Johnson.

Johnson explained that Gakkumdu (Integrated Law Enforcement) had never requested his clarification regarding the alleged election crime. “I have never been invited or requested for clarification by [Gakkumdu]. They unilaterally decided, so that (the Petitioners’ legal counsel) would be aware,” he explained. 

Also read:

Doubt Cast on Palopo Elected Mayor’s Diploma

Chronology of Administrative Requirement Changes for Palopo Mayor Candidate

The Palopo mayor-vice mayor candidate pair 02 Farid Kasim and Nurhaenih question the validity and authenticity of the diploma presented by mayor candidate 04 Trisal Tahir. Upon verification, the Petitioners found the diploma certificate different to that of PKBM Yusha in the 2015/2016 academic year. In addition, there is no record of Trisal’s name in the institution’s archives from the same academic year. As a result, the North Jakarta Region II Education Office has no record of Trisal’s diploma. In September 2024, the Palopo KPU released a statement declaring Trisal’s documents invalid.

However, Trisal Tahir’s legal counsel filed a dispute claim on the KPU’s decision, which stated that candidate pair 04 did not meet administrative requirements. The Respondent finally issued an official statement declaring Trisal Tahir’s candidacy valid on the ground that a decree was issued by the Palopo City Bawaslu.

In the petitums, the Petitioners requested the Court to: 1) annul the Palopo City KPU Decree No. 620 of 2024 on the certification of the Palopo election results dated December 5, 2024; and 2) declare the disqualification of candidate pair 04 Trisal Tahir and Akhmad Sarifuddin in the mayoral election. Alternatively, the Petitioners wish the Court would order the Palopo City KPU to hold a revote by excluding the candidate pair 04 Trisal Tahir and Akhmad Syarifuddin.

Author              : Mimi Kartika
Editor               : Lulu Anjarsari P.
PR                    : Fauzan Febriyan
Translator         : Ryan Alfian/Yuniar Widiastuti (NL) (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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