Talaud Islands Election Faces Scrutiny Over TSM Violations

Witnesses take the oath during the evidentiary hearing for Case No. 51/PHPU.BUP-XXIII/2025 regarding the 2024 Talaud Islands regent election dispute. Photo by MKRI/Ifa.

JAKARTA (MKRI) — On Thursday, February 13, 2025, the Constitutional Court (MK) held an evidentiary hearing for case No. 51/PHPU.BUP-XXIII/2025 on the 2024 Talaud Islands regent election results dispute. Chief Justice Suhartoyo presided over the hearing alongside Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah in panel 1 courtroom. The hearing focused on examining witnesses and experts, highlighting the civil apparatus’ neutrality.

The regent-vice regent candidate pair 2 (Irwan Hasan and Haroni Mamentiwalo) served as the Petitioners. The Talaud Islands Regency KPU (Elections Commission) acted as the Respondent, while candidate pair 3 (Welly Titah and Anisya Gretsya Bambungan) was the Relevant Party. The Talaud Islands Bawaslu (Elections Supervisory Body) provided the testimony at the hearing.

TSM Violations

The Petitioners cited civil apparatus involvement as structured, systematic, and massive (TSM) violations. Petitioners’ witness Radian Syam testified that non-neutrality of civil apparatus as a major regulatory violation, for which election organizer and supervisory are legally responsible.

“However, if the civil apparatus was mobilized at the regency level to secure a win for a candidate pair, it may be categorized as a TSM violation,” asserted Radian.

The Petitioners’ expert Topo Santoso explained that a TSM violation is a criminal offense that could lead to candidacy annulment under Article 73 paragraph 2 of Pilkada Law. This law stipulates that a candidate proven to have committed such a violation, as referred to in paragraph (1), based on a provincial Bawaslu decree, is subject to annulment by the provincial or regency/city KPU.

Topo added that Article 73 should be interpreted in conjunction with other articles concerning TSM violations in the same law. “Article 73 of the Pilkada Law must be linked with another article, specifically Article 135a which outlines TSM violations,” explained Topo.

The Respondents’ expert Ida Budiati explained that the TSM violation does not invalidate the election results unless it significantly impacts the vote results. Ida cited the Court’s Decision No. 190/PHPU.D-VIII/2010, which acknowledges that a 100 percent clean election is unrealistic due to the inevitability of violations.

Ida continued that a TSM violation must be proven to hinder the freedom to vote. “As such, it [TSM violation] did not cause the election from adhering to the principles of direct, public, free, confidential, honest, and fair, and significantly impacting the candidates’ vote results,” Ida added.

The Relevant Party’s expert Maruarar Siahaan echoed the impact of TSM violations on the vote results. He stated that the criteria for such violations must be cumulatively met for sanction to apply, and the impact on vote results should be considered. “[It is important to see] whether [the TSM violation] influences their electability,” explained Maruarar.

Civil Servant’s WhatsApp Group

The involvement of the state civil apparatus originated with a WhatsApp group named WT-AB 2024 Volunteers. Petitioners’ witness Suwempry Sivrits Suoth stated that the group, whose members were recruited from the district to hamlet level, was created by two civil servants with the Relevant Party’s permission.

“Welly Titah instructed the civil apparatus for securing his win, which they did. Approximately 80 to 100 percent was recruited in this group,” explained Suwempry.

However, the Relevant Party’s witness Mercy Nangkoda refuted the Petitioners’ testimony. As an active civil apparatus in the Talaud Islands Government secretariat, Mercy explained that the group was not meant to support any candidate pair. He stated that the group changed its name from Rans to WT-AB sometime after he joined in early October 2024. “I was a member of the WT-AB 2024 volunteer group that served as a discussion forum for civil servants to voice our complaints,” explained Mercy.

Mercy explained that the group had 70 members, with no structural officials in the Talaud Islands Government or candidate pair 3. Since he was no longer a member, he could not comment on its development. “I have no idea since I was kicked out of the group on December 1, 2024,” added Mercy.

Other WhatsApp groups also existed, named Solid and Porodisa. According to the Relevant Party’s witness, these groups comprised civil servants who supported the Petitioners. “The groups include civil servants, all of whom I know. From these two groups, if I am not mistaken, one group was named Porodisa. The Petitioners’ group also has civil servants,” stated the Relevant Party’s witness.

The Panel confirmed with the Petitioners’ witnesses, who responded that they have no knowledge of such groups.

Money Distribution Video

Vote-buying was also mentioned at the hearing. The Petitioners presented Soleman Timpua, the village's campaign team coordinator for the Relevant Party, as a witness.

Soleman admitted that he was involved in distributing money to secure votes for the Relevant Party. He was invited by two civil servants on the Relevant Party’s campaign team and was tasked with getting 143 people to vote for the Relevant Party by promising rewards. “The reward for gathering support was Rp300,000 per month and a cash envelope on election day,” asserted Soleman.

The campaign team’s money distribution was evidenced by two videos played at the hearing. The Petitioners stated that the money was distributed in Essang District by the Relevant Party’s deceased brother.

“Apologies for the family member present here, as the person distributing money is the [late] brother of the regent candidate pair 3,” explained Handri Piter Poae while showing the video.

The Relevant Party denied the accusation that the person was the regent candidate’s brother or the campaign team member. “[He] was not our campaign team member. I do not know who he was, as we immediately left the venue after the campaign ended,” stated Antonius Tumurut Tucunan, the Relevant Party’s witness.

Talaud Islands Bawaslu Recommendation

Talaud Islands Bawaslu confirmed that the Petitioners’ allegations of violations, including civil apparatus neutrality and vote-buying, were properly addressed. They issued several recommendations as a follow-up to reports and findings, of which six recommendations were sent to the Civil Service Agency (BKN).

A recommendation on involvement of the village government was submitted to the Gakkumdu (Integrated Law Enforcement), which investigated but eventually terminated it.

“Based on the letter that we received from the police, it [the case] had expired under the law,” explained Glendy Dalope as Talaud Islands Bawaslu member.

The remaining recommendations were sent to Talaud Islands KPU, as they were related to the code of conduct of the election organizer. “The [Talaud Islands] KPU followed up by terminating a district election committee in Rainis District and issuing warnings to 5 polling station working committees,” asserted Glendy.

The testimonies from the witnesses, experts, and Talaud Islands Bawaslu concluded the hearing, which will be followed by the ruling hearing on February 24, 2025. The parties will be notified by the Court to attend the ruling hearing.

News

Talaud Islands Election Faces Scrutiny Over TSM Violations