Pasaman Election Revote Ordered After Vice Regent Candidate Disqualification

The Petitioners' legal counsels at the ruling hearing for Case No. 02/PHPU.BUP-XXIII/2025 on the 2024 Pasaman regent election results dispute, Monday (2/24/2025). Photo by MKRI/Bayu

JAKARTA (MKRI) — The Court partially grants Petition Case No. 02/PHPU.BUP-XXIII/2025 on the 2024 Pasaman regent election results dispute on Monday, February 24, 2025. This ruling was announced by Chief Justice Suhartoyo alongside the other eight constitutional justices.

The petition was filed by Regent Candidate Pair 2 Mara Ondak–Desrizal. The Pasaman Elections Commission (KPU) and Regent Candidate Pair 1 Welly Suhery–Anggit Kurniawan Nasution were respectively the Respondent and the Relevant Party.

"[The Court] adjudicated, on the petition's subject matter: to grant the Petitioners' petition in part" said Chief Justice Suhartoyo while delivering the verdict.

The Court in its verdict disqualified Vice Regent Candidate 1, Anggit Kurniawan Nasution, pertaining to his status as an ex-convict. The Court also annuls the Pasaman KPU Decree No. 851 on the 2024 regent election results certification, the Pasaman KPU Decree No. 600 of 2024 on the 2024 regent candidate pairs certification as far as it relates to vice regent candidate under the name of Anggit Kurniawan Nasution, and the Pasaman KPU Decree No. 604 of 2024 on the certification of the serial number and the list of candidate pairs as far as it relates to vice regent candidate under the name of Anggit Kurniawan Nasution.

Upon disqualifying, the Court instructs political parties or a coalition of political parties to nominate a replacement vice regent candidate. "Without replacing Welly Suhery as a candidate in the 2024 Pasaman regent election, and without changing the serial number, which is number one," Chief Justice Suhartoyo decreed.

Furthermore, the Court in its verdict instructs the Pasaman KPU to conduct a revote without Anggit's participation within 60 days of the pronouncement of the ruling. The revote must also refer to the same final voters' list (DPT), relocated final voters' list (DPTh), and additional final voters' list (DPTb) used in the past election on November 27, 2024.

Respondent Deemed Neglectful

The decision was delivered since the Court noted the Respondent's negligence in verifying the candidate pairs' documents, including those of Anggit. The documents in question include the certificate of non-conviction issued by the South Jakarta District Court. The certificate contradicted Ruling No. 293/Pid.B/2022/PNJkt.Sel by the same district court, which sentenced Anggit on a count of fraud.

While the Respondent excused itself as merely a reader of the document, the Court still disqualified Anggit's application. "The Court is of the opinion that, pertaining the legality or validity of the application requirements of Anggit Kurniawan Nasution as a [Vice] Regent Candidate in the 2024 Pasaman regent election must be declared null and void," Chief Justice Suhartoyo stated.

Pertaining to the case, the Court observed the fact that the South Jakarta District Court issued a cancellation letter after the certification of candidate pairs for the 2024 Pasaman regent election. The document in question, Letter No. 338/WKPN.W10-U3/HK.01/XI/2024 dated November 20, 2024, retracted the certificate of non-conviction under the name of Anggit Kurniawan Nasution.

The Court believes that Anggit as a vice regent candidate should have transparently and honestly declared to the issuing institution that he had been convicted and served his time. In its legal consideration, the Court questions Anggit's openness about his conviction status, especially when there was still time remaining to rectify his application documents before the candidate pairs were certified.

"Thus, there is no reason for Vice Regent Candidate Anggit Kurniawan Nasution to hide his background as an ex-convict to the Respondent or to the voters," said Chief Justice Suhartoyo.

Anggit was also deemed to be obligated to declare his status according to the Court Decision No. 71/PUU-XXIV/2016 and Court Decision No. 03-03/PHPU.DPD-XXI/2024. This was even more relevant as he had not passed the five-year period in which he is required to honestly and openly reveal his conviction history.

"In addition, such a requirement must be proven by attaching a statement letter from a media editor-in-chief that an announcement has been made in fulfilling the candidacy administrative requirements," Chief Justice Suhartoyo added.

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Pasaman Election Revote Ordered After Vice Regent Candidate Disqualification