Revote Ordered for Four Polling Stations in Magetan

The Petitioners' legal counsel at the ruling hearing for Case No. 30/PHPU.BUP-XXIII/2025 on the 2024 Magetan regent election results dispute, Monday (2/24/2025). Photo by MKRI/Bayu

JAKARTA (MKRI) — On Monday, February 24, 2025, the Constitutional Court (MK) partially granted the petition filed by Candidate Pair 3 Sujatno–Ida Yuhana Ulfa (Petitioners) and annulled the Magetan Elections Commission (KPU) Decree No. 1676 of 2024 on the regent election results certification as far as it relates to the vote acquisition in TPS (polling station) 001 and 004 of Kinandang Village, TPS 001 of Nguri Village, and TPS 009 of Selotinatah Village. Thus, the Magetan KPU as the Respondent must conduct a revote in the disputed locations. The verdict for Decision No. 30/PHPU.BUP-XXIII/2025 was delivered by Chief Justice Suhartoyo.

Delivering the legal consideration, Constitutional Justice Daniel Yusmic P Foekh affirmed the signature under the name of Tri Andiriyanto listed in the attendance list was different to the authentic one. In fact, the individual in question did not vote on November 27, 2024 as he was in Kediri. The fact strengthened the suspicion that the record of his presence in the attendance list had been falsified.

The Court believes, logically and based on the principle of authenticity, it is not possible nor permissible for someone to have varying signatures instead of a consistent one. Therefore, this may indicate an abuse in the election process.

Justice Foekh continued that the Court was not convinced of the validity of the voters coming, signing the attendance list, and voting on the election day. "The Court furthermore finds it legally reasonable to conduct a revote in TPS 001 of Kinandang Village, Bendo District, Magetan Regency in order to remediate the violated principles of democracy and to ensure and guarantee the purity of the votes," he stated.

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Revote in Polling Station 04 of Kinandang Village

The Court took note of the C-result-KWK and C-result-copy-KWK forms from TPS 003 of Kinandang Village which recorded suspiciously high turnout of 98.48% voters. While Recommendation 173/PM.02.02/K.JI-13/12/2024 dated December 2024 had been issued, the Respondent opted not to conduct a revote, leading to the Court's conclusion that there was an administrative violation which potentially impaired the honesty and integrity principles of an election.

"Thus, it is legally reasonable to conduct a revote for the 2024 Magetan regent election in TPS 004 of Kinandang Village, Bendo District, Magetan Regency as a way to restore the democracy principles violated. The Petitioners' arguments, related to the excessive voter turnout resulting in violation and the Respondent's failure to follow the recommendation by the Bendo district election committee without a valid reason, are factually proven. Thus, the Petitioners' argument related to the violation by the KPPS (polling station working committee) in TPS 004 of Kinandang Village to be legally reasonable," Justice Foekh insisted.

Revote in Polling Station 001 of Nguri Village

The Court also considered the fact that there were signatures of voters located out of town or even abroad in the attendance list, pointing to a violation by the KPPS in TPS 001 of Nguri Village. For instance, a voter named Surya Ardianto was initially suspected of signing on behalf of another named Suryaningsih. Yet, the signature listed was different to that of Surya's ID card or Suryaningsih on the attendance list. Upon closer examination, a similar incident was found for a voter named Ginem.

"There is a legal ground to conduct a revote for the 2024 Magetan regent election in TPS 001 of Nguri Village, Lembeyan District, Magetan Regency. The petition's argument related to the violation by the KPPS in TPS 001 of Nguri Village, Lembeyan District, Magetan Regency is legally reasonable," he asserted.

Revote in Polling Station 009 of Selotinatah Village

The legal consideration furthermore highlighted the six voters rejected at TPS 009 of Selotinatah Village on the election day at 12:15 WIB. Subsequently, the Petitioners' witnesses filed an objection in a D-incident form in Ngariboyo District. The issue could not be resolved by the district election committee and escalated to the regency-level plenary meeting.

The administrative violation was supported by the testimony from a witness named Agus Pujiono. The Respondent or the Relevant Party could not deliver a substantial refutation nor present a means of evidence to deny the argument. According to Article 9 paragraph (3) of KPU (General Elections Commission) Regulation No. 17 of 2024, the action committed by the KPPS should be classified as an administrative violation of voter disenfranchisement.

"The action of the KPPS of TPS 009 of Selotinatah Village has caused the loss of constitutional rights of the voters and potentially impacted the election result. Therefore, in order to guarantee a democratic election organization and upholding the citizens' rights to vote as well as to ensure and guarantee the purity of the vote, it is legally reasonable to conduct a revote at TPS 009 of Selotinatah Village in the 2024 Magetan regent election," Justice Foekh stated.

Revote within 30 Days

Based on its legal consideration, the Court instructed the Respondent to conduct a revote in the disputed sites by using the same final voters' list (DPT), relocated final voters' list (DPTh), and additional final voters' list (DPTb) used in the 2024 regent election on November 27, 2024. The revote must be conducted according to the laws and regulations at the latest 30 days since the ruling was delivered.

"Moreover, the revote result must be appended to the vote results not annulled by the Court to be subsequently certified and announced as regulated by the laws and regulations without needing to report to the Court," said Chief Justice Suhartoyo while delivering the verdict.

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Revote Ordered for Four Polling Stations in Magetan