The Petitioners’ legal counsel at the ruling hearing for case No. 317/PHPU.BUP-XXIII/2025 on the 2024 Talaud Island regent election results dispute, Wednesday (5/14/2025). Photo by MKRI/Bayu.
JAKARTA (MKRI) — The Petitioners’ allegation that Talaud Island regent candidate number 3 Welly Titah does not have at least a senior high school diploma or its equivalent and used a photocopy of his diploma without having the original copy was legally groundless. Such is the Constitutional Court’s (MK) legal consideration, delivered by Constitutional Justice Daniel Yusmic P. Foekh, on the 2024 Talaud Island regent election results dispute petition filed by candidate pair number 2 Irwan Hasan-Haroni Mamentiwalo. The ruling hearing for the case took place on Wednesday, May 14, 2025.
However, the Court affirmed that legalization is a legal act of endorsement, including in this case the matching of photocopies of diplomas with originals carried out by authorized officials at SMA Negeri 1 Beo. So the verification carried out by the KPU of the Talaud Islands Regency (Respondent) is not even required as a requirement for regional head candidates to show the original diploma (just a photocopy), so that the legalized photocopy is believed to be the same as the original diploma / original certificate.
“With regard to this matter, through the a quo decision, the Court emphasizes that in the future the diploma requirement for regional head candidates should be factually verified for prudence by contrasting the original diploma or original certificate from the authorized institution, if the original diploma is unavailable, for example if the original diploma is lost or burned or its whereabouts are unknown,” Justice Foekh explained while delivering the legal consideration for Decision No. 317/PHPU.BUP-XXIII/2025.
Legalization and Verification Process
Justice Foekh revealed that Welly Titah’s copy of certificate of completion (STTB) had been verified without any comparison to the original. The Respondent’s witness Alten P. Banera confirmed that the certificates of other candidates graduating from the same school were verified in the same way. The Respondent had obtained SMA Negeri 1 Beo’s clarification of the candidates’ certificates with supervision by the Talaud Island Bawaslu (Elections Supervisory Body). They asked for clarification to find out whether regional head candidates Welly Titah, Moktar Arunde Parapaga, Anisya Gretsya Bambungan, and Irwan Hasan had taken the final exams and received a diploma from the school. However, the Respondent did not compare it with the original diploma and this did not conflict with the provisions of the General Elections Commission Regulation (PKPU) No. 8 of 2024.
At the evidentiary hearing, the Court had compared the serial number on the copy of certificate of completion and found that it matched the Petitioners’ and the Relevant Party’s evidence. It had also compared it to those belonging to the Petitioners’ witness Abner Umbeang and the Relevant Party’s witness Theresia Katiho—both enrolled at SMA Swasta Lirung and graduated from the class of 1984 of SMA Negeri Beo—as well as several others belonging to Sartji Rinonaung Maariwuth, Jeri Elisme Laliuga Larumpaa, Lilia Jurilia Larumpaa, and Nontje Nita Bambulu.
The Court found that the serial number had matched that on the 1984 diploma registry presented by the Respondent’s witness. After studying the registry, the Court had found that it was in one piece, without anything slipped into it. Therefore, sufficient evidence showed that Welly Titah completed his high school education at SMA Swasta Lirung with a diploma or certificate of completion issued in 1984 by SMA Negeri Beo (current name: SMA Negeri 1 Beo).
Vote Buying Allegation Unfounded
Justice Foekh also revealed that it was alleged that regent candidate number 3 had practiced vote buying in Bulude and South Bulude Villages by making a donation through his family to the Evangelical Church of Talaud (GERMITA) for the Bulude Nazari congregation amounting to Rp250 million. After studying all the evidence, the Court held that the Petitioners could not prove any correlation between the donation and the Relevant Party’s votes as they had not presented any witness for the allegation at the hearing on May 8. Therefore, the Court did not believe the allegation. In addition, the Petitioners had won more votes in those two villages.
In addition, the Talaud Island Regency Bawaslu had handled the Petitioners’ report and declared the allegation of electoral crime unfounded. The Constitutional Court also stated that places of worship including churches do not have a right to vote in the general and regional election and cannot force anyone to vote for any specific candidates in the 2024 Talaud Island regent election. Based on the aforementioned legal consideration, the Court declared the vote-buying allegation legally groundless.
“On the exception, [the Court] rejects the Respondent’s and the Relevant Party’s exceptions in their entirety; on the merit: [the Court] rejects the Petitioners’ petition in its entirety,” said Chief Justice Suhartoyo delivering the verdict.
Also read:
Fake Diploma, Bribes for Churchgoers in Talaud Island Regent Election
Talaud Island Bawaslu Has Verified Welly Titah’s Diploma
Dispute over Talaud Island Regent Candidate’s High School Diploma Continues
At the preliminary hearing on Friday, April 25, candidate pair number 2 Irwan Hasan-Haroni Mamentiwalo (Petitioners) alleged that 2024 Talaud Island regent candidate number 3 Welly Titah does not have the minimum requirement of senior high school diploma or equivalent, which is stipulated under Article 7 paragraph (2) jo. Article 45 paragraph (2) letter d point 1 of Law No. 10 of 2016 on Regional Elections (Pilkada Law) jo. Article 14 paragraph (2) letter c jo. Article 20 paragraph (2) letter d point 1 of the General Elections Commission Regulation (PKPU) No. 8 of 2024.
The Petitioners alleged that the regent candidate had finished the twelfth grade in 1984 at the private SMA Lirung and the tenth to eleventh grade in 1982-1983 at SMA Eben Haezer Manado. However, his last diploma in 1984 was issued by SMAN 1 Beo. The Petitioner’s campaign team found that since 1982, the private SMA Lirung had become the public SMAN Lirung. Therefore, Handri continued, the regent candidate’s claim that he had gone to private SMA Lirung for his twelfth grade in 1984 at the private SMA Lirung is not true.
The Petitioners also alleged that regent candidate number 3 had practiced vote buying in Bulude and South Bulude Villages. The candidate had made a donation through his family to the Evangelical Church of Talaud (GERMITA) for the Bulude Nazari congregation amounting to Rp250 million. Handri said that such unusual move could certainly aimed at influencing voters.
Therefore, the Petitioners requested that the Court annul and declare null and void the Talaud Island Regency KPU Decree No. 24 of 2025 on the stipulation of the 2024 Talaud Island regent election results following Constitutional Court Decision No. 51/PHPU.BUP-XXIII/2025 issued on April 11, 2025; to disqualify candidate pair number 3 Welly Titah and Anisya Gretsya Bambungan from the 2024 Talaud Island regent election; and to certify candidate pair number 2 Irwan Hasan and Haroni Mamentiwalo the winner of the 2024 Talaud Island regent election.
Also read:
Civil Servants’ WhatsApp Group Sparks Talaud Island Election Dispute
Civil Apparatus’ Involvement in Talaud Islands Election Highlighted
Talaud Islands Election Faces Scrutiny Over TSM Violations
Vote Buying Proven, Court Orders a Revote in Essang District, Talaud Islands Regency
Read the decision for Case No. 317/PHPU.BUP-XXIII/2025 here.
Author : Sri Pujianti
Editor : N. Rosi
PR : Fauzan F.
Translator : 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.
Wednesday, May 14, 2025 | 19:16 WIB 242