The Petitioners’ legal counsels attending the ruling hearing for Case No. 100/PHPU.BUP-XXIII/2025 on the 2024 Belu regent election results dispute, Monday (2/24/2025) in the plenary courtroom. Photo by MKRI/Panji.

---

JAKARTA (MKRI) — On Monday, February 24, 2025, the Constitutional Court (MK) rejected the petition on the 2024 Belu regent election results dispute for Case No. 100/PHPU.BUP-XXIII/2025. The Petitioners argued that regent candidate 1 Vicente Hornai Gonsalves was ineligible due to involvement in sexual violence against a minor.

“[The Court] rejects the Petitioners’ petition,” said Chief Justice Suhartoyo delivering the verdict alongside the other eight constitutional justices in the plenary courtroom.

Constitutional Justice Arief Hidayat delivered the Court’s legal consideration, noting that Gonsalves was imprisoned for 11 months based on the Atambua District Court Decision No. 186/PID/B/2003/PN.ATB dated January 17, 2004.

The elected Belu vice regent candidate was found guilty of violating Article 332 paragraph (1) of the Criminal Code (KUHP), which regulates crimes against the freedom of the person, as stipulated in Chapter XVIII.

“Meanwhile, the provisions regulating sexual crimes are in a different chapter, namely Chapter XIV on crimes against decency. Therefore, it is not relevant for further consideration,” stated Justice Arief.

In addition, Gonsalves already declared himself a former convict. Based on the statement letter of criminal record form issued by the Belu Police in East Nusa Tenggara, Gonsalves explained in his handwriting that he had been convicted in 2004 and sentenced by the Atambua District Court.

“Therefore, the Court views that the candidate nomination, examination, and certification have been conducted following the mechanisms, practices, and procedures stipulated by laws and regulations,” Justice Arief asserted.

As the Petitioners’ main arguments were unproven, there was no reason to override the applicability of Article 158 paragraph (2) letter a of Law No. 10 of 2016 on Regional Elections. As such, the Petitioners did not meet the provisions on legal standing in said article.

“Supposed said provision were overridden, quod non, it was found that the Petitioners’ main argument in their petition was legally groundless,” added Justice Arief.

Also read:

Petitioner Demands Vicente Hornai’s Disqualification from Belu District Election Over Sexual Harassment Allegation

Bawaslu Issues Recommendations on Administrative Violations Committed by Vicente Hornai Gonsalves

The Tangled Thread of Vicente’s Nomination as Belu Deputy Regent Candidate

Candidates Pair Number 2 Taolin Agustinus-Yulianus Tai Bere (Petitioners) argued that vice regent candidate 1 Vicente Hornai Gonsalves did not fulfill the requirements for regional head candidates stipulated in Article 7 paragraphs (1) and (2) of Law No. 10 of 2016 on Regional Elections. In 2003, Gonsalves was charge for the abduction of a minor and was sentenced to 11 months in prison in January 2004.

In his testimony as an expert for the Relevant Party, Satya Wacana Christian University (UKSW) law professor Yafet Yosafet Wilben Rissy explained that the case was not a crime of sexual violence against children based on the Atambua District Court Decision No. 186/PID/B/2003/PN.ATB dated January 17, 2004. He said Gonsalves had been subjected to Article 332 paragraph 1 of the Criminal Code regarding abduction of an underage girl. He was not charged under Law No. 23 of 2002 on Child Protection.

He continued that in terms of the regulation of Article 332 paragraph 1 of the Criminal Code, abducting an underage girl is a type of criminal offence of deprivation of liberty. The criminal offences of sexual violence against children such as rape, sexual abuse, and sexual intercourse are regulated in Articles 287 to 295 of the Criminal Code.

“[I am] of the opinion that after comparing Article 332 paragraph 1 and Articles 287 to 295, it is clear that the crime of abducting an underage girl is not the same as sexual violence against children. Sexual violence against children is regulated in separate laws, namely the Law on Child Protection and the Law on Sexual Violence,” Yafet stated.

Author               : Nawir Arsyad Akbar
Editor                : Lulu Anjarsari P.
PR                    : Tiara Agustina
Translator         : Ryan Alfian/Yuniar Widiastuti (NL)

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.

---