The Constitutional Court delivering a decision on the 2024 General Election Results Dispute for the Regent and Deputy Regent of Puncak Jaya Regency on Monday (5/5/2025) at the Constitutional Court. Photo by MKRI/Ifa.

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JAKARTA, (MKRI) – The Constitutional Court (MKRI) dismissed the petition concerning the 2024 Regional Head Election Results Dispute (PHPU) for the Regent and Deputy Regent of Puncak Jaya Regency, submitted by Candidate Pair Number 2, Miren Kogoya and Mendi Wonerengga, following the re-voting. The ruling was delivered in Decision Number 311/PHPU.BUP-XXIII/2025 during a ruling hearing held in the Court’s Plenary Room on Monday (5/5/2025). The Court found that the Petitioners did not meet the formal requirements for filing the petition as stipulated in Article 158 paragraph (2) letter a of Law Number 10 of 2016.

In the legal considerations delivered by Constitutional Justice Enny Nurbaningsih, the Court examined the Petitioner's argument regarding the ASN (State Civil Apparatus) status of Mus Kogoya. Based on the facts revealed during the proceedings, the Court found that Mus Kogoya no longer held ASN status at the time he ran for the position of Deputy Regent of Puncak Jaya. This was evidenced by the Decree of the Acting Regent of Puncak Jaya Number 800.1.2.2/216/BKPPD dated September 11, 2024, which confirmed his honorable dismissal upon his own request, without pension rights.

In addition, the Court noted that Mus Kogoya had returned the overpayment of salaries and allowances, as evidenced by Minutes Number 900.1.3.1/31/INSPEKTORAT/2025 dated April 24, 2025, issued by the Regional Financial and Asset Management Agency and the Inspectorate of Puncak Jaya Regency.

However, continued Constitutional Justice Enny Nurbaningsih, the Court found that the Petitioner's petition was inadmissible, as it did not meet the vote margin requirement stipulated in Article 158 of Law Number 10 of 2016. Based on the calculation of the final vote count, the difference between the Petitioner and the candidate pair receiving the highest number of votes was 11,509 votes, or approximately 8.04 percent of the total 143,083 valid votes. In contrast, the legal threshold to file an election dispute petition is a maximum difference of 2 percent, or 2,862 votes.

"The vote acquisition of the Related Party (the candidate pair with the highest votes) was 77,296 votes, while the Petitioner received 65,787 votes. Therefore, the vote difference between the Related Party and the Petitioner was 77,296 votes minus 65,787 votes, resulting in a difference of 11,509 votes (8.04%), which exceeds the 2,862 votes threshold. Consequently, the Petitioner does not meet the requirements for filing a petition as outlined in Article 158 paragraph (2) letter a of Law Number 10 of 2016," stated Constitutional Justice Enny.

Also read:

KPU Refutes Claims of Mus Kogoya's Civil Servant Status in Puncak Jaya Election Dispute

Mus Kogoya’s ASN Status, Puncak Jaya Regent Election Re-Recapitulation Questioned

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The Court also found that the arguments presented by the Petitioner were not sufficiently convincing, including the allegations of errors in the vote recapitulation conducted by the General Elections Commission (KPU) of the Republic of Indonesia. The Court affirmed that the KPU had acted in accordance with the previous ruling of the Constitutional Court.

Furthermore, the Court is of the view that, despite the Petitioner being Candidate Pair Number 2 for the Regent and Deputy Regent of Puncak Jaya in the 2024 election, the Petitioner does not meet the requirements for filing a petition as outlined in Article 158 paragraph (2) letter a of Law Number 10 of 2016.

"Therefore, the Court is of the opinion that the Petitioner does not have legal standing to file the petition. Accordingly, the exceptions raised by the Respondent and the Related Party regarding the Petitioner's lack of legal standing are well-founded in law," stated Constitutional Justice Enny Nurbaningsih.

Therefore, based on the entirety of the legal considerations outlined above, the Court concluded that the Petitioner's petition does not fulfill the requirements stipulated in Article 158 paragraph (2) letter a of Law Number 10 of 2016 concerning legal standing. Even if the application of this provision were to be set aside—which it is not—the principal arguments presented in the Petitioner's petition are evidently unfounded in law.

The Court further stated that it did not examine the remaining arguments and other requests, as they were deemed irrelevant. With this decision, the dispute over the results of the 2024 Puncak Jaya Regional Election is considered concluded at the level of the Court.

Previously, during the preliminary hearing held on Friday (25/4/2025), the Petitioner revealed that, based on the recapitulation data conducted by the Respondent, Candidate Pair Number 1 obtained 77,296 votes, while the Petitioner received 65,787 votes, resulting in a vote difference of 11,509 votes. The Petitioner further argued that Mus Kogoya, the deputy regent candidate from Candidate Pair Number 1, did not meet the eligibility requirements for nomination, as he was allegedly still listed as an active State Civil Apparatus (ASN) until January 2025.

For these reasons, in their petitum, the Petitioner requested that the Constitutional Court declare the disqualification of Mus Kogoya as the Vice Regent Candidate Number 1 in the 2024 Election of the Regent and Vice Regent of Puncak Jaya Regency. The Petitioner requested the annulment of Decree Number 375 of 2024 issued by the General Election Commission of Puncak Jaya Regency concerning the Determination of Candidate Pairs for the Regent and Vice Regent Election, insofar as it pertains to Mus Kogoya as a Candidate for Vice Regent. Additionally, the Petitioner requested the annulment of Decree Number 380 of 2024 of the same Commission concerning the Determination of Candidate Pair Numbers for the 2024 Election of the Regent and Deputy Regent of Puncak Jaya Regency, dated September 23, 2024, insofar as it relates to Mus Kogoya as a Candidate for Deputy Regent.

Author               : Utami Argawati

Editor                : Lulu Anjarsari P.

PR                     : Tiara Agustina

Translator         : Fuad Subhan

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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