Petitioners’ legal counsel when attending the ruling hearing for case No. 274/PHPU.BUP-XXIII/2025 on the 2024 Jayapura regent election results dispute on Monday (2/24/2025). Photo by MKRI/Bayu

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JAKARTA (MKRI) — On Monday, February 24, 2025, the Constitutional Court (MK) partially granted the petition of the Jayapura regent-vice regent candidate pair 3 (Jan Jap L Ormuseray-Asrin Rante Tasak), ordering a revision of the Jayapura Regency KPU certification on the 2024 Jayapura regent election results.

Constitutional Justice Enny Nurbaningsih, along with eight other justices, explained the Petitioners’ argument in case No. 274/PHPU.BUP-XXIII/2025 that the Jayapura Regency KPU (Election Commission) did not conduct a revote in eight polling stations, despite the Jayapura Bawaslu (Election Supervisory Body) recommending a revote in 18 stations.

At the evidentiary hearing on February 13, 2025, the Court found that the district elections supervisory committee (Pandis) did not submit the evidence (photos and videos) of alleged violation in eight polling stations. Justice Enny continued, the Jayapura Regency KPU requested clarification from the polling committee (PPS) and the Pandis in 18 polling stations, discovering that eight polling stations did not meet the material requirements due to lack of evidence.

“The revote recommendation in eight polling stations by Jayapura Regency Bawaslu lacked supporting evidence, leading the Respondent to consider it unable to be implemented,” asserted Justice Enny in the plenary courtroom.

The Court viewed that the Respondent’s request for clarification from PPS and Pandis in 18 polling stations as recommended by Jayapura Bawaslu constituted the Respondent’s careful approach in the eight polling stations.

“The Jayapura Regency Bawaslu who sought clarification from the Pandis regarding the Respondent’s statement during the district-level vote recapitulation plenary meeting, was unaware of the lack of evidence,” stated Justice Enny.

The Petitioners’ mandated witness also signed the vote recapitulation results and the D-result district-KWK regent form in Nimboran, Waibu, Demta, and Depapre districts and did not raise objection during the vote recapitulation in Sentani District.

“Based on the above legal considerations, the Court found the argument that the Respondent must conduct a revote in eight polling stations—namely, Polling Station 001 and Polling Station 004 in Sereh Hamlet (Sentani District), Polling Station 017 in Hinekombe Village (Sentani District), Polling Station 007 in Sentani Village (Sentani District), Polling Station 002 in Ambora Village (Demta District), Polling Station 001 in Kuwase Hamlet (Nimbora District), Polling Station 003 in Adat Bambar Village (Waibu District), and Polling Station 001 in Wambena Village (Depapre District)—to be legally groundless,” explained Justice Enny.

Votes Would Not Surpassed

Based on evidence examination at polling station 012 of Lapua Hamlet (Kaureh District), the Court confirmed violations in voting and vote counting, including vote manipulation by the campaign team of candidate pair 2 and the intimidation of the polling station working committee (KPPS).

Despite this, the Court considers that even if a revote were conducted at polling station 012 of Lapua Village, with 447 registered voters all voting for candidate pair 3 (the Petitioners), the total votes would not surpass those of candidate pair 2 (the Relevant Party) in the Jayapura regent election.

“In addition, it is unlikely that all voters will have voted for the Petitioners, from a reasonable perspective. Not to mention that five candidate pairs contested in the 2024 Jayapura regent election,” stated Justice Enny.

“Given the above facts and legal considerations, a revote should be conducted for the a quo case, as in previous decisions. However, the calculations indicate that a revote would not significantly alter the leading candidate pair. Therefore, the Court considered a revote unnecessary, as the vote results at polling station 012 in Lapua Hamlet (Kaureh District) are not substantial enough to affect the overall results,” Justice Enny added.

Ordering Revision of KPU Decree

Despite rejecting the Petitioners’ request for a revote, the Court orders the Jayapura Regency KPU to revise its certification decree for the 2024 Jayapura regent-vice regent election results, due to errors in the day and date in Decree No. 226 and No. 227 of 2024.

At the evidentiary hearing on February 13, 2025, it was revealed that three versions of Jayapura Regency KPU decrees on the 2024 Jayapura regent-vice regent election results existed, causing confusion about which decree served as the basis for determining the petition filing deadline for election result disputes.

“Although the Respondent admitted the error in Jayapura Regency KPU Decree No. 226 and No. 227 of 2024, they did not promptly issue a revised decree. This led to uncertainty for the Petitioners and doubts for the Court regarding the deadline for filing the Petitioners' petition,” stated Justice Enny.

In its verdict, the Court partially granted the Petitioners’ petition and ordered the Respondent to revise the Jayapura Regency KPU Decree No. 227 of 2024, amending Decree No. 226 of 2024 on the Certification of the 2024 Jayapura regent-vice regent election results.

“Relevant to the Third Dictum: ‘Third: the 2024 Jayapura regent-vice regent election results, as referred to in the first and second dictums, were determined and announced on Monday, December 9, 2024, at 23:43 Eastern Indonesian Time’,” stated Chief Justice Suhartoyo delivering the verdict.

Also read:

Jan-Asrin Blames Jayapura KPU for Ignoring Revote Recommendation

Jayapura KPU: Eight Polling Stations Ineligible for Revote

Insufficient Evidence Highlights Jayapura Revote Recommendation

Regent Candidate Pair 3, Jan Jap L. Ormuseray and Asrin Rante Tasak, as the Petitioners, alleged that the Jayapura KPU failed to implement a revote. In their petitum, they requested the Court to annul Jayapura KPU Decree No. 227 of 2024, which amended KPU Decree No. 226 on the certification of regent election results, insofar as it pertains to the vote count in several polling stations. These include four polling stations in Sentani District (Polling Station 7 in Sentani Kota Village, Polling Station 17 in Hinekombe Village, and Polling Stations 1 and 4 in Sereh Village), one polling station in Demta District (Polling Station 2 in Ambora Village), one polling station in Nimboran District (Polling Station 1 in Kuwase Village), two polling stations in Waibu District (Polling Station 3 in Bambar Village and Polling Station 4 in Doyo Baru Village), one polling station in Depapre District (Polling Station 1 in Wabena Village), and five polling stations in Kaureh District (Polling Stations 5, 8, 11, 12, and 16 in Lapua Village).

At the examination hearing on February 13, 2025, it was revealed that the district election committee’s recommendation form lacked supporting photo and video evidence of the alleged multiple voting violations at polling station 002 in Ambora Hamlet and 001 in Kuwase Hamlet.

Author         : Nawir Arsyad Akbar
Editor           : Lulu Anjarsari P.

PR               : Tiara Agustina
Translator    : Ryan Alfian/FS

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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