Experts for the Petitioners Bambang Eka C. Widodo (left) and Ilham Saputra (right) testifying for case No. 266/PHPU.GUB-XXIII/2025 on the 2024 Bangka Belitung gubernatorial election results dispute in, Monday (2/10/2025). Photo by MKRI/Ifa.
JAKARTA (MKRI) — On Monday, February 10, 2025, the Constitutional Court (MK) held an evidentiary hearing for case No. 266/PHPU.GUB-XXIII/2025 on the 2024 Bangka Belitung gubernatorial election. Chief Justice Suhartoyo presided over the hearing alongside Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah in panel 1 courtroom. This evidentiary hearing featured the examination of witnesses and experts.
Bambang Eka Cahya Widodo, a former Bawaslu chairman for 2008-2012, testified as an expert for the Petitioners, Candidate Pair 01 Erzaldi Rosman-Yuri Kemal Fadlullah. In response to Justice Daniel Yusmic P. Foekh’s inquiry, he asserted that election quality is reflected in the polling stations’ voting and vote-counting processes.
Bambang asserted that if the voting process has issues and does not comply with the regulations, it indicates poor-quality voting. “If polling stations have significant potential procedural errors that we can just set aside, in my opinion, that is our election’s biggest problem,” he stressed.
Ida Budhiati, an expert presented by Candidate Pair 2 Hidayat Arsani and Hellyana as the Relevant Party, explained that no elections are flawless, including the 2024 Bangka Belitung gubernatorial election. Despite the flaws, this election met three criteria: legal certainty, legal compliance, and integrity of votes. Technical issues were present due to inherent imperfections in the election process.
“Indeed, no elections are perfect. Technical issues [may be] present, but to what extent are the authorized institutions able to resolve those election issues or disputes?” emphasized Ida Budhiati, a KPU (General Elections Commission) commissioner for 2012-2017.
At the hearing, technical issues such as the verification of voters’ identity with C-notification KWK letters (voting invitations), special voters list (DPK), ballot box opening, and follow-up on Bawaslu recommendations were discussed.
Voters Identity Verification
Witnesses for the Petitioners from several regencies of Bangka Belitung Islands revealed that voters’ identities had not been verified at polling stations. Instead, voters only used C-notification KWK letters (voting invitations) without matching their identities with electronic resident ID cards. This occurred in Bangka, Central Bangka, and West Bangka Regencies. Despite this, witnesses did not record the incidents in special incident forms and kept signing the recapitulation of vote count results at polling station level.
At the district and regency levels, the Petitioners’ mandate witnesses did not sign the recapitulation results. They explained their objection at these levels, as polling station witnesses were not aware that these events were special incidents.
“After the recapitulation [of vote results] at the district level, [the witnesses] received reports, which met the criteria for objection or special incidents, according to polling stations supervisors,” said Imam Supiar, the Petitioners’ mandate witness from Bangka Regency.
Furthermore, the Petitioners’ witness Novi Setiadi testified that at TPS (polling station) 06 in South Bangka Regency, voters had been allowed to vote using their ID cards without presenting the C-notification KWK letters. Novi himself voted without the letter, despite having received one for the previous presidential and legislative election.
“I arrived at around 12 noon, and I was allowed [to vote] using a copy of [my] ID card. After waiting for 5-10 minutes, I was called and given 2 ballots,” said Novi.
Meanwhile, the witnesses for the Respondent (Bangka Belitung Islands Provincial KPU), including commissioners from several Bangka Belitung regencies and cities, denied the testimonies provided by the Petitioners’ witnesses. Central Bangka KPU commissioner Andriyandi Putra Pratama stated that the Respondent had conducted identity verification, including the online final voters list (DPT). “In the Central Bangka Regency, all [election] processes went smoothly. The Petitioners’ claim on [the absence of] identity verification of ID cards with C-notification forms was false,” said Andri.
The Respondent’s witnesses stated that no objections regarding voter identity verification had been raised by the Petitioners at the polling station level, including in South Bangka Regency, where the Petitioners only objected at the regency level. The Petitioners’ mandate witness also did not sign the vote recapitulation result at the district level.
However, at the district level, the Petitioners’ objection was not relevant to their petition. “At the district election committee (PPK), in my opinion, it is not related to the petition’s subject matter. It is an error in writing, the recapitulation [of vote results] issue,” clarified South Bangka commissioner Dese Candra.
Controversy of Special Voters List
In West Bangka Regency, relocated voters were included in the special voters list (DPK). The Petitioners’ mandate witness Ujang Adhari stated that at five polling stations, some voters had cast votes without voting relocation letters (SPM).
However, this incident was not reported in the special incident form at the polling station level, but rather at the regency level. The Petitioners argued that they had difficulty obtaining a copy of the C1 result form. “So, it took two days from the polling stations to the district [recapitulation], [and] we still were unable to obtain the C1 copy form. We could not get the C1 form at the district as [we] needed to attend the plenary meeting at the district,” explained Ujang.
The witness for the Respondent, West Bangka Regency KPU commissioner Kadir Jailani, refuted the explanation, stating that relocated voters had been allowed to vote at the polling stations in West Bangka Regency. For instance, at TPS 5, a relocated voter from Palembang had a West Bangka ID card. “[The voter] was registered in the Palembang DPT, had a West Bangka ID card, and voted in the address corresponding to the voter’s ID-card address, namely at TPS 5 in Sungai Daeng,” Kadir explained.
Ballot Box Opening
Regarding procedural issue, the Petitioners argued about the opening of ballot boxes by the polling station committee during ongoing voting in Kejaksaan Village, Pangkalpinang. The ballot boxes were opened because a voter had mixed up the ballot boxes for the ballots for the gubernatorial and mayoral election. The ballot boxes were opened without the Petitioners’ witness present, as they arrived late.
“At that time around 10:30 WIB, the ballot boxes were opened as the ballot for the mayoral election was mistakenly put into the gubernatorial election ballot box. This was done by an elderly lady,” said Firman Aghriby, a witness for the Relevant Party.
Differing Views between Bangka KPU-Bawaslu
In the 2024 Bangka Belitung gubernatorial election, the Bangka Regency Bawaslu (Elections Supervisory Body) issued a recommendation for a revote at several polling stations. However, the Petitioners argued that the Bangka Regency KPU did not implement the recommendation.
The Bangka Regency KPU admitted they had not implemented the recommendation due to unclarity. The recommendation lacked dates and asked that the KPU do an assessment. Subsequently, the Bangka Regency KPU replied to Bawaslu, but did not receive a response.
“We conducted a review and held a plenary meeting with the commissioners to discuss the recommendation. Based on the plenary [meeting] results, we sent a reply letter asking for affirmation and clarity of said letter,” explained Bangka KPU commissioner Eko Iswantoro as a witness for the Respondent.
Bangka Bawaslu members clarified that the content of the letter sent to Bangka KPU was a suggestion, not a recommendation. However, from an administrative standpoint, the letter served as a recommendation.
In this case, the Bangka Bawaslu authorized the Bangka KPU to assess whether the incidents at several polling stations were categorized as election violations based on the findings.
“It was not a recommendation, Your Honors, but a suggestion. We authorized the [Bangka] KPU to assess and review,” said Anja Kusuma Atmaja, a member of the Bangka Regency Bawaslu.
In response, the panel advised the Bangka Regency Bawaslu not to shift their responsibility to the Bangka Regency KPU, as the recommendation letter issued by the Bangka Bawaslu served as their reference in organizing the election.
“Avoid doing that. The KPU used the letter from Bawaslu as a reference. Do not shift [your responsibility]. If the KPU interprets (Article] 112 of Law No. 10 of 2016), it will be in the hands of the KPU,” said Chief Justice Suhartoyo.
Also read:
Erzaldi-Yuri Expose Fraud at Bangka Belitung Polling Stations
Bangka Belitung Islands KPU and Bawaslu Deny Revote Recommendation
At the preliminary hearing on Thursday, January 9, 2025, the Petitioners revealed fraudulent practices in the 2024 Bangka Belitung Islands gubernatorial election before the Court. They also argued that the KPPS (polling station working committee) had not checked listed voters’ electronic ID cards and the C-model forms. The Petitioners found many voters casting their votes outside their listed polling stations without showing voting relocation letters from the local polling committee (PPS).
Another fraudulent practice alleged by the Petitioners is duplicate voter data at various polling stations in Bangka Belitung Islands Province. The Petitioners also said that several ballot boxes had been opened while voting was still ongoing.
Also read:
Petition for Case No. 266/PHPU.GUB-XXIII/2025
Respondent’s Response
Bawaslu’s Statement
Relevant Party’s Statement
Author : Ashri Fadilla
Editor : N. Rosi
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.
Monday, February 10, 2025 | 16:05 WIB 191