Chief Justice Suhartoyo delivering the verdict for case No. 322/PHPU.BUP-XXIII/2025 on the 2024 South Bengkulu regent election results dispute, Monday (5/26/2025). Photo by MKRI/Ifa.
JAKARTA (MKRI) — The Constitutional Court (MK) decided to dismiss the 2024 South Bengkulu regent election results dispute petition filed by regent-vice regent candidates number 2 Suryatati-li Sumirat. The ruling hearing for Decision No. 322/PHPU.BUP-XXIII/2025 took place on Monday, May 26, 2025
Delivering the Court’s legal consideration, Deputy Chief Justice Saldi Isra said that the allegation of unlawful apprehension of vice-regent candidate number 2 Ii Sumirat on April 19 could not be categorized as an election violation as the Petitioners had not provided sufficient evidence for the Court to concur that he had been subjected to obstruction, apprehension, and insult by the campaign team of candidate pair number 3.
After reviewing the video evidence the Petitioners and the Relevant Party had submitted on the incident of the alleged apprehension, the Court did not find any proof of physical and verbal violence, as the video only showed Septin talking with li Sumirat, which aligned with the account of the head of panwascam (district election supervisory committee).
“Therefore, based on such legal facts, the Court does not believe in the truth of the incident that the Petitioners alleged. Therefore, the Court holds that the argument of the a quo Petitioners was legally groundless,” said Deputy Chief Justice Saldi Isra.
Not an Electoral Crime
On the video of the arrest of vice-regent candidate number 2 Ii Sumirat in Kedurang and Seginim Districts, which was uploaded and spread by several Facebook accounts massively, the Court had previously considered the Petitioners’ evidence of voters’ statement letters detailing the influence of the disinformation video, which had led to them voting for another candidate pair.
After comparing the statement letters and the Respondent’s voters data, the Court decided that the video showing the arrest had not shown electoral criminal elements under Article 63 point 1, Article 69 letter h, Article 187 paragraphs (1), (2), (3), and (4), Article 187A, Article 187A paragraph (1), and Article 189 of Law No. 10 of 2016 on Regional Elections. Therefore, the Court held the argument of the a quo Petitioners legally groundless. Based on all of that legal consideration, the Court asserted that there was no reason to disregard Article 158 of Law No. 10 of 2016 on the petitioners’ legal counsel.
“[The Court] adjudicated, on exceptions: to grant the Respondent’s and the Relevant Party’s exceptions on the Petitioners’ legal standing, to reject the Respondent’s and the Relevant Party’s exceptions for the rest and remainder; on the merit: to declare the Petitioners’ petition inadmissible,” said Chief Justice Suhartoyo delivering the verdict in the plenary courtroom.
Also read:
Unlawful Arrest Allegedly Influenced Voters in South Bengkulu Revote
Relevant Party Clarifies Alleged Covert Campaign During South Bengkulu Election Silence
At the preliminary hearing on Thursday, May 15, the Petitioners said that based on data by the South Bengkulu KPU (Respondent), the results of the revote were: candidate pair number 1 Elva Hartati-Makrizal Nedi won 2,207 votes; candidate pair number 2 Suryatati-li Sumirat won 41,423 votes; and candidate pair number 3 Rifai-Yevri Sudianto won 47,963 votes. The total valid votes were 91,593. The Petitioners had the second-highest votes, but due to the spread of a hoax, 492 voters made a statement that they had switched their votes to candidate pair number 3 Rifai-Yevri Sudianto (Relevant Party), while 1,198 others voted for candidate pair number 1 Elva Hartati-Makrizal Nedi (Relevant Party).
The Petitioners argued that the switch had been due to the arrest of candidate pair number 2 by the campaign team of candidate pair number 3 on the night before the voting day. A video of the incident had been made to resemble a police arrest and spread to voters. This, the Petitioners alleged, had compelled his sympathizers to give their votes to other candidate pairs. They also objected to the Respondent’s certification of the revote results, in which candidate pair number 3 had won despite unlawful methods.
The Petitioners requested that the Court disqualify candidate pair number 3 Rifai-Yevri Sudianto from the South Bengkulu regent election; annul the South Bengkulu KPU Decree No. 11 of 2025 the certification of the 2024 South Bengkulu regent election candidates after the Constitutional Court decision on the regent election results dispute; annul the South Bengkulu KPU Decree No. 12 of 2025 the certification of the serial order number of the 2024 South Bengkulu regent election candidates after the Constitutional Court decision on March 23, 2025; certify candidate pair number 2 Suryatati-li Sumirat as the revote winner; and order the South Bengkulu KPU to certify candidate pair number 2 Suryatati-li Sumirat as the candidates with the most votes in the South Bengkulu revote.
Also read:
Former South Bengkulu Regent Gusnan Mulyadi’s 2024 Candidacy Deemed Legally Flawed
South Bengkulu Elections Commission: Gusnan Mulyadi Has Not Served Two Terms
Dispute Over Office Term Calculation for Former South Bengkulu Regent Gusnan Mulyadi
Gusnan Mulyadi Disqualified from South Bengkulu Regent Election
Constitutional Court Decision No. 68/PHPU.BUP-XXIII/2025
Author : Sri Pujianti
Editor : N. Rosi
PR : Tiara Agustina
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.
Monday, May 26, 2025 | 17:22 WIB 202