The Petitioners’ legal counsels at the ruling hearing for Case No. 260/PHPU.BUP-XXIII/2025 on the 2024 Boven Digoel regent election results dispute, Monday (2/24/2025). Photo by MKRI/Bayu

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JAKARTA (MKRI) — The Constitutional Court (MK) disqualified Regent Candidate 3 Petrus Ricolombus Omba from the 2024 Boven Digoel regent election. The Decision No. 260/PHPU.BUP-XXIII/2025 was delivered by Chief Justice Suhartoyo on Monday, February 24, 2025 in the plenary courtroom.

“[The Court adjudicated], declares the disqualification of Regent Candidate 3 Petrus Ricolombus Omba from the participation in the 2024 Boven Digoel regent election,” said Chief Justice Suhartoyo delivering the verdict at the ruling hearing.

Delivering the Court’s legal consideration, Constitutional Justice Ridwan Mansyur explained that the Court had examined Certificate of Non-Conviction No. 95/SK/HK/06/2024/PN.Mrk dated June 11, 2024 in relation to the formal requirements set in Article 45 paragraph (2) letter b number 2 of Law No. 10 of 2016 on Regional Elections. The certificate issued by the Merauke District Court states, “Based on the examination of the Criminal Registry, [the District Court] declares that the relevant individual has never been convicted based on a court ruling with permanent legal force.”

Yet, the Court cited the Supreme Court Circular Letter No. 3 of 2016 on the Certificate Requests by Regional Head Candidates to Court and pointed out that an individual convicted of a military crime must request a certificate from the military court issuing the sentence or one located in his place of domicile. In other words, Omba should have filed a request for the certificate of non-conviction to a military court instead of a district court.

“The criminal case involving Petrus Ricolombus Omba fell under the absolute jurisdiction or competence of the military judicial system, thus it is the military court that possesses the record on the case ruling for Petrus Ricolombus Omba,” Justice Ridwan asserted.

Due to the facts, the Court deems the military court’s sentence to Omba has a permanent legal force based on the Supreme Court Cassation Decision of 2005. Therefore, the Court invalidated his certificate of non-conviction issued by the Merauke District Court.

“The Court believes the certificate to be invalid and unfit with the factual legal status or history of Petrus Ricolombus Omba,” Justice Ridwan emphasized.

Conviction Status Not Public Knowledge

Justice Ridwan subsequently explained that Omba’s legal status had not been known widely by the public. At a hearing, a liaison officer to Candidate Pair 3 named Heronimus Anu admitted to only knowing about the situation shortly before Omba’s registration in the election, even though he had known Omba since Omba had been a member of the Boven Digoel Regency Legislative Council (DPRD). Similarly, the Boven Digoel Regency KPU (Elections Commission) coordinator of law division Johana Maria Ivone and South Papua Provincial KPU coordinator cum Boven Digoel KPU regional coordinator Helda Richarda Ambay (representing the Respondent) revealed that they had only found out about the military court ruling between September 12 and 13, 2024.

Dishonesty

Justice Ridwan added that Omba did not identify himself as an ex-convict in the Silon (candidacy information system) application, so the Court found that he had intentionally been dishonest when he requested a certificate from a court which, based on a justifiable reasoning, was not aware or at least did not have the information on his conviction history.

“Petrus Ricolombus Omba had a strong intention or will to cover up his legal status as an ex-convict. The Court deems that there was an intention, will, or mens rea of Petrus Ricolombus Omba not to openly disclose himself as an ex-convict because the person in question through his team had deliberately submitted an official document certifying that Petrus Ricolombus Omba had never been convicted,” he stated.

Finally, Justice Ridwan insisted that Omba should have transparently informed district court officers of his conviction history by the military court, so that the district court would issue a certificate based on his factual condition or at least redirect him to apply for the certificate at the authorized court. Furthermore, Omba should have correctly marked himself as an ex-convict on the Silon application even though it did not provide any field to specify the criminal act.

“Regardless of the absence of the optional column, according the provisions of Article 7 paragraph (2) letter g and Article 45 paragraph (2) letter a and letter b number 2 of Law No. 10 of 2016, as a former convict, Petrus Ricolombus Omba should have honestly filled out the column provided on the Silon application by declaring [himself] a former convict,” Justice Ridwan insisted.

Also read:

Hengki-Melkior: Boven Digoel Elections Commission Covered Up Convict Status

Examining Alleged Criminal Act Committed by Boven Digoel Regent Candidate Petrus

Conviction History of Boven Digoel Regent Candidate Resurfaced

Revote Following Disqualification

Omba’s intention to conceal his conviction history was found to have neglected and violated principles of fair, honest elections as mandated by the 1945 Constitution. His failure had caused injustice to the voters deserving the information about the candidates they elected, and thus resulted in his disqualification from the 2024 Boven Digoel regent election.

“According to the Court, the candidate pairs competing in the election for public offices must be transparent about their legal status, regardless of the provisions of Article 7 paragraph (2) letter g of Law No. 10 of 2016,” Justice Ridwan stated.

Additionally, the Court also believes that in a regional election, it is important not only to complete all the required documents, but also to provide materially correct and valid information in the documents submitted. Due to Omba’s evident concealment of his status, the Court held that he did not meet the formal requirements and must be disqualified from the 2024 Boven Digoel regent election.

Consequently, the position of the winner of most votes has become vacant and the Court ordered the Boven Digoel Regency KPU as the Respondent to conduct a revote with the participation of the remaining candidates: Athanasius Koknak–Basri Muhammadiyah, Yakob Weremba–Suharto, and Hengki Yaluwo–Melkior Okaibob. The Court also gave the political party or coalition of parties previously endorsing Candidate Pair 3 to nominate or register another candidate pair without including Omba.

The Court believes that the vacancy cannot simply be filled by the acquirer of the second-highest number of votes, because the vote acquisition in the election had been distributed among four candidate pairs.

“[The Court] orders the Respondent to conduct a revote for the 2024 Boven Digoel regent election by using the same final voters’ list (DPT), additional final voters’ list (DPTb), and special voters’ list (DPK) used in the election dated November 27, 2024, which was participated by Athanasius Koknak, S.E.–H. Basri Muhammadiyah, Yakob Weremba, S.PAK.–Suharto, Hengki Yaluwo, S.Sos., M.AP.– Melkior Okaibob, S.Pd; and a new candidate pair nominated by a political party or a coalition of political parties previously endorsing Candidate Pair 3 without the participation of Petrus Ricolombus Omba,” said Chief Justice Suhartoyo delivering the verdict.

Also read:

Petition for Case No. 260/PHPU.BUP-XXIII/2025

Response by the Respondent

Statement by Bawaslu

Statement by the Relevant Party

 

Author              : Ahmad Sulthon Zainawi
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.

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