The Petitioners’ legal counsel at the ruling hearing for Case No. 24/PHPU.BUP-XXIII/2025 on the 2024 Empat Lawang regent election results dispute, Monday (2/24/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) — The Court partially granted the petition filed by Budi Antoni Al Jufri and Henny Verawaty on the 2024 Empat Lawang regent election results dispute. At the ruling hearing in the plenary courtroom on Monday, February 24, 2025, Chief Justice Suhartoyo read out Decision No. 24/PHPU.BUP-XXIII/2025 alongside the other eight constitutional justices.
The Respondent in the case was the Empat Lawang KPU (Elections Commission) while the Relevant Party was Regent Candidate Pair Joncik Muhammad and Arifai.
“[The Court] adjudicated, on the petition’s subject matter: to grant the Petitioners’ petition in part,” said Chief Justice Suhartoyo.
The Petitioners’ candidacy in the regent election were initially rejected by the Respondent. In its verdict, the Court instructed the Respondent to conduct a revote with the Petitioners’ participation.
The revote must be carried out at the latest 60 days since the ruling was pronounced. “By referring to the same final voters’ list (DPT), relocated final voters’ list (DPTh), and additional final voters’ list (DPTb) that were used in the election on November 27, 2025,” stated Chief Justice Suhartoyo.
In the decision, the Court postponed the enforcement of Article 157 paragraphs (4) and (5) and Article 158 paragraph (2) letter b of the Regional Election Law as well as Article 4 paragraph (1) letter b and Article 7 paragraph (2) of Constitutional Court Decision No. 3 of 2024 due to an indication of candidacy violation, which led to a special incident, requiring the case to proceed to a material attestation.
Substantially, the case hinged on the office term length of Budi Antoni Al Jufri, which was disputed by the Petitioners and the Respondent. Budi had formerly served as Empat Lawang regent for the 2008-2013 term. He was then reelected for the 2013-2018 term, yet was dismissed halfway due to a legal case.
The office term length calculation was disputed since at one point, Budi had been temporarily suspended and not yet received a legally binding (inkracht) decision. At the time, his vice regent Syahril Hanafiah assumed the role and became the acting regent.
The Court emphasized that Syahril’s term as an acting official is the same as that of a definitive official, citing Article 19 letter c of KPU (General Elections Commission) Regulation No. 8 of 2024.
“Therefore, the office term of H. Syahril Hanafiah as an acting official is equivalent to that of a definitive official, calculated from his appointment as an acting official on October 22, 2015,” said Constitutional Justice Daniel Yusmic P. Foekh reading the Court’s legal consideration.
Because Syahril was appointed on October 22, 2015, Budi’s term was then immediately halted. While Syahril was only named a definitive regent on December 27, 2016 by the Minister of Home Affairs Decree No. 131.16-10367 of 2016, the Court prioritized the de facto role performed by Syahril. While being an acting regent, Syahril had signed a number of regulations and decrees in the Empat Lawang Regency Government.
The Court is of the opinion that Budi Antoni Al Jufri’s office term lasted for 2 years and 1 month, hence not reaching 2 years and 6 months. “Therefore, H. Budi Antoni Al Jufri had not served as a regent for Empat Lawang for two office terms,” Justice Foekh said.
As a consequence, Budi was declared to not have violated Article 7 paragraph (2) of the Regional Election Law, which reads “(...) has never served as Governor, Vice Governor, Regent, Vice Regent, Mayor, and Vice Mayor for 2 (two) office terms in the same position for Candidates for Governor, Vice Governor, Regent, Vice Regent, Mayor, and Vice Mayor.”
Therefore, Budi was deemed qualified to participate in the 2024 Empat Lawang regent election. “Thus, H. Budi Antoni Al Jufri qualified to be a regent candidate in the 2024 Empat Lawang regent election,” Justice Foekh concluded.
Also read:
Length of Office Term Questioned in Empat Lawang Regency Election Dispute
Empat Lawang Election Dispute Focuses on Term Length Issue
Budi Antoni Al Jufri’s Term Office as Empat Lawang Regent Highlighted
At the preliminary hearing on January 9, 2025, the Petitioners argued that Budi Antoni Al Jufri’s office term as Empat Lawang regent was 2 years, 1 month, and 27 days. Meanwhile, the Respondent argued that the second term of office should have been calculated since the inauguration on August 26, 2013 until a decision with permanent legal force on the Petitioners, on May 3, 2016. Thus, Budi’s term should have been counted as 2 years, 8 months, and 7 days, or one full term.
Therefore, Petitioners in their petitums requested the Court to declare their candidacy in Empat Lawang regent-vice regent election and to annul the decree of Empat Lawang KPU on the certification of the 2024 Empat Lawang regent-vice regent election results.
Also read:
Petition for Case No. 24/PHPU.BUP-XXIII/2025
Statement by Bawaslu
Statement by the Relevant Party
Response by the Respondent
Author : Ashri Fadilla
Editor : N. Rosi
PR : Andhini S.F./Tiara A./Fauzan F.
Translator : M. Hafidh Al Mukmin/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.
Monday, February 24, 2025 | 17:18 WIB 257