The Constitutional Court held a ruling hearing for the dispute over the results of the 2024 Tasikmalaya Regency Regent Election on Monday (26/05/2025) in the Plenary Courtroom of the Constitutional Court. Photo by MKRI/Ifa.
JAKARTA, MKRI – Based on Constitutional Court Decision Number 132/PHPU.BUP-XXIII/2025, the Court determined that the non-fulfillment of nomination requirements only applies to Regent Candidate Ade Sugianto. There are no issues regarding the nomination requirements for Vice Regent Candidate Lip Miptahul Paoz or other candidate pairs. Consequently, the Court ordered the political party or coalition supporting the disqualified Regent Candidate Ade Sugianto to propose a replacement candidate to pair with Lip Miptahul Paoz for the Tasikmalaya Regent and Deputy Regent election. The Respondent was also instructed to conduct a revote excluding Ade Sugianto as a candidate.
The legal considerations of Decision Number 324/PHPU.BUP-XXIII/2025 concerning the 2024 Tasikmalaya Regency Regent Election results dispute were delivered by Constitutional Justice Daniel Yusmic P. Foekh. The petition was filed by candidate pair number 3, Ai Diantani Ade Sugianto and Lip Miptahul Paoz (Ai-Iip). The Court emphasized that the ruling requiring only the replacement of Ade Sugianto as Regent Candidate does not impose any re-registration or re-verification requirements on other candidates, who had already been verified during the previous election process.
“Other candidate pairs have already undergone verification in the previous election process,” said Constitutional Justice Daniel.
Campaign Duration
The Court also addressed the Petitioner’s argument concerning the length of the campaign period. The Court found that the seven-day campaign window was sufficient to fulfill the Court’s order for one campaign or open debate event for the candidate pair. Furthermore, the campaign period for the revote has a special nature and cannot be equated with the normal campaign period as regulated under Article 4 paragraph (2) of PKPU 13/2024, due to the time constraints inherent in conducting a revote.
“Therefore, the Court finds no issue with the campaign schedule determined by the Respondent. Additionally, there have been no reports or findings of election violations, nor any requests for dispute resolution submitted to the Tasikmalaya Regency Election Supervisory Body related to this matter,” explained Constitutional Justice Daniel.
“Based on these legal facts, the Petitioner’s claim that the campaign schedule set by the Respondent violates Article 4 paragraph (2) of PKPU 13/2024 is unfounded under the law.”
“Stating that the petition of the Petitioner cannot be accepted,” said Chief Justice Suhartoyo.
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At the preliminary hearing on Thursday, May 15, Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah on panel 1 examined the petition for the annulment of the Tasikmalaya Regency Elections Commission (KPU) Decree No. 35 of 2025 on the certification of the results of the 2024 Tasikmalaya regent-vice regent election revote, issued on April 24, 2025 at 02:19 WIB. The petition was filed by Tasikmalaya regent-vice regent candidates number 1 Iwan Saputra and Dede Muksit Aly (Iwan-Dede).
The Petitioners argued that the revote of the Tasikmalaya regent election had been based on the Constitutional Court Decision No. 132/PHPU.BUP-XXIII/2025. The annulment of the General Elections Commission (KPU) Decree No. 1574 of 2024 on the certification of candidate pairs in the 2024 regional election, excluding only Iip Miptahul Paoz, means that all content of the decree was null and void. In addition, the candidate pairs are declared not having legal standing as candidate pairs.
In other words, the Tasikmalaya Regency KPU as Respondent had to re register new candidate pairs by attaching B1-KWK forms along with other required documents for the revote, not only by replacing the candidates. However, on March 23, they issued Decree No. 10 of 2025 on the certification of candidate pairs in the 2024 Tasikmalaya regent election after the Constitutional Court decision on the election results dispute with regent-vice regent candidates Cecep Nurul Yakin-Asep Sopari, Iwan Saputra-Dede Muksit Aly, and Ai Diantani Ade Sugianto-lip Miptahul Paoz. The Petitioners believe the certification had not followed the procedure, been unlawful, and undermined the principle of justice.
Through Decision No. 132/PHPU.BUP-XXIII/2025, the Court ordered the Respondent to conduct a revote excluding regent candidate Ade Sugianto for a violation of Article 7 paragraph (2) letter n of Law No. 10 of 2016 on the Election of Governors, Regents, and Mayors. The decision also affirmed the annulment of the KPU Decrees No. 1574 of 2024 on the certification of candidate pairs and No. 1575 of 2024 on the certification of serial numbers of candidate pairs for the 2024 Tasikmalaya regent election. However, the Respondent did not implement the Court’s verdict by not canceling the decree on the certification of serial numbers of candidate pairs and for keep using the previous list of candidate pair without re-verification.
The disqualification of Ade Sugianto has led to a change in the composition of candidate pair number 3. Vice-regent candidate lip Miptahul Paoz remained, but a new regent candidate should be nominated by the political party endorsing them. The Petitioners question whether this new pair required re-registration. Based on Article 14 paragraph (2) of the KPU Regulation No. 8 of 2024, all candidates who met the candidacy requirements, including document verification and the requirement of less than two terms of service.
Therefore, the Petitioners requested that the Court annul the Tasikmalaya Regency KPU Decrees No. 35 on the certification of the results of the 2024 Tasikmalaya regent-vice regent election revote following the Constitutional Court decision on the election results dispute, issued in Tasikmalaya on April 24, 2025 at 02:19 WIB; No. 10 of 2025 on the certification of candidate pairs in the 2024 Tasikmalaya regent election after the Constitutional Court decision on the election results dispute; and disqualify candidate number 2 Cecep Nurul Yakin by removing Asep Sopari Al-Ayubi; and disqualify candidate number 3 Diantani Ade Sugianto by removing Iip Miftahul Paoz.
Also read:
Iwan-Dede’s Allegation on Tasikmalaya Revote Legally Groundless
Cecep-Asep Question the Term of Office of Tasikmalaya Regent
Tasikmalaya Regency KPU: Ade Sugianto’s Period and Term Align with Regulations
Pros and Cons of Counting the Term of Office for Incumbent Regent Candidates in Tasikmalaya
Court Disqualifies Tasikmalaya Regent Candidate for Having Served Two Terms
Constitutional Court Decision No. 321/PHPU.BUP-XXIII/2025
Author : Sri Pujianti
Editor : N. Rosi
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.
Monday, May 26, 2025 | 19:04 WIB 189