The evidentiary hearing for case No. 247/PHPU.BUP-XXIII/2025 on the 2024 Jayapura regent election results dispute, Wednesday (2/12/2025). Photo by MKRI.

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JAKARTA (MKRI) — On Thursday, February 13, 2025, the Constitutional Court (MK) held an evidentiary hearing for case No. 274/PHPU.BUP-XXIII/2025 on the 2024 Jayapura regent election results dispute. Constitutional Justice Arief Hidayat presided over the hearing alongside Constitutional Justices Anwar Usman and Enny Nurbaningsih in panel 3 courtroom, focusing on the examination of witnesses and experts.

The hearing focused on the Jayapura Regency Elections Commission (KPU) as the Respondent, who did not conduct a regent election revote at eight polling stations as recommended by the Jayapura Regency Bawaslu (Elections Supervisory Body). Furthermore, the Jayapura Bawaslu did not receive any written statement from the Jayapura KPU.

Jayapura Regency KPU chairman Efra Jerianto Tunya confirmed receipt of the Jayapura Bawaslu’s letter requesting clarification on the absence of a revote at eight polling stations on December 2, 2024. He also acknowledged that no written clarification was provided.

“Regarding the [letter] dated (December) 2 requesting clarification on the recommendation for a revote, we, the Jayapura Regency KPU did not provide any clarification,” stated Efra.

The Jayapura Regency Bawaslu received reports from the district elections supervisory committee on the election violation, recommending a revote at 18 polling stations. Subsequently, they issued a recommendation letter for a revote to the Jayapura Regency KPU.

Based on assessment and review, the Jayapura Regency KPU decided to conduct a revote at 10 polling stations under Decree No. 222 of 2024 dated December 1, 2024. The eight polling stations (TPS) that did not conduct a revote are Sentani (4), Demita (1), Nimboran (1), Waibu (1), and Depapre Districts (1).

Justice Enny Nurbaningsih questioned the omission of the eight polling stations from the decree. Efra responded that the revote was not conducted after receiving clarifications from the district election committee (PPD) and the polling station working committee (KPPS) of the eight polling stations.

Justice Enny inquired the Jayapura Regency Bawaslu about their follow-up on the absence of a revote at these polling stations. It was revealed that the Jayapura Bawaslu only received verbal explanation from the Jayapura KPU after the decree was issued.

“The explanation was that 8 out of the 18 polling stations were not included in the recommendation [to conduct a revote] due to insufficient evidence,” explained Austen E. Yakarimilena, a Jayapura Regency Bawaslu member.

Justice Arief noted Yakarimilena’s statement, which revealed that the PPD’s recommendation form lacked supporting photo and video evidence of the alleged multiple voting violations at TPS 002 in Ambora Hamlet and TPS 001 in Kuwase Hamlet.

“Your Honors, from these eight polling stations without a revote, we received the PPD’s explanation that the recommendation had insufficient evidence, leading to the Jayapura KPU being unable [to conduct a revote],” explained Yakarimilena.

“[The KPU] affirmed (not conducting further review),” he replied in response to Justices Arief and Enny’s inquiry about the Jayapura Bawaslu noting the PPD’s failure to submit election violation evidence.

Justice Arief added that the Court may take over the Jayapura regent election due to the provisions of law on revote not being implemented because the evidence was not submitted.

“As Bawaslu did not resolve [the issue], while based on the provisions of the law, the Court may take over [the regent election]. The normative period has passed, but the issue persists. The PPD did receive training, which resolved the administrative issue, but no evidence was submitted. We have a polling station with voters casting multiple votes but no revote was conducted. We will consider this,” stated Justice Arief.

Jayapura Bawaslu May Issue Sanction

The Relevant Party Candidate Pair 3 Jan Jap L. Ormuseray-Asrin Rantetasak presented expert Umbu Rauta, a constitutional law professor from Satya Wacana Christian University. He explained that the Jayapura KPU must follow up on the Jayapura Bawaslu’s recommendation as stipulated under Articles 138, 139, and 140 of Law No. 10 of 2016 (Regional Election Law).

These follow-up measures include review, plenary meeting, and decree issuance on Bawaslu’s recommendation. If the election organizer fails to comply, the Jayapura Bawaslu may sanction the Jayapura KPU.

“Under Article 14 of the Election Law, if [the Jayapura KPU] fails to follow up on Bawaslu’s recommendation, Jayapura Bawaslu may issue verbal and written warnings to the Jayapura KPU,” stated Umbu.

The Jayapura KPU’s review is essential to follow up on Jayapura Bawaslu’s recommendation before the plenary meeting and decree issuance. This ensures an accurate and ideal legal review, focused on a careful approach to resolving the issue, rather than simply fulfilling procedural requirements.

“A careful approach means considering all perspectives to ensure the clean, honest, and fair elections, involving not only KPU as an election organizer, but also other relevant stakeholders,” stated Umbu.

172 Ballots Cast by One Voter

The Petitioners presented witness Frans Frklin Waibro, supervisor of TPS 16 in Lapua Hamlet of Kaureh District. Justice Arief questioned his role as the Petitioners’ witness, given his position under the Jayapura Regency Bawaslu.

Jayapura Bawaslu member Austen E. Yakarimilena stated that they had instructed staff not to serve as witnesses in the election dispute. Despite this, Justice Arief permitted Waibro to testify.

Waibro testified about the mobilization of people at TPS 16 in Lapua Hamlet of Kaureh District on election day. He stated that 172 ballots were given to a representative of this group, and as the polling station supervisor, he chose not to intervene.

“As a poll supervisor, I felt powerless to intervene in the mobilization,” Waibro explained.

Also read:

Jan-Asrin Blames Jayapura KPU for Ignoring Revote Recommendation

Jayapura KPU: Eight Polling Stations Ineligible for Revote

At the preliminary hearing, Regent Candidate Pair 3 Jan Jap L. Ormuseray-Asrin Rante Tasak as Petitioners alleged the Jayapura KPU’s lack of implementation of a revote as recommended by Bawaslu at several polling stations: four in Sentani District, one in Demta District, one in Nimboran District, one in Waibu District, and in Depapre District.

They also alleged mass mobilization of ineligible people from other districts at five polling stations: TPS 5, 8, 11, 12, and 14 of Lapua Village, Kaureh District.

In their petitums, the Petitioners requested the Court to annul the Jayapura KPU Decree No. 227 of 2024 on the Amendment to the KPU Decree No. 226 on the certification of the regent election results as long as it pertains to the vote acquisition at four polling stations in Sentani Village (TPS 7 of Sentani Kota Village, TPS 17 of Hinekombe Village, and TPS 1 and 4 of Sereh Village); one polling station in Demta District (TPS 2 of Ambora Village); one polling station in Nimboran District (TPS 1 Kuwase Village); two polling stations in Waibu District (TPS 3 of Bambar Village and TPS 4 of Doyo Baru Village); one polling station in Depapre District (TPS 1 of Wabena Village); and five polling stations in Kaureh District (TPS 5, 8, 11, 12, and 16 of Lapua Village).

Author              : Nawir Arsyad Akbar
Editor                : Lulu Anjarsari P.
PR                    : Tiara Agustina
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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