JAKARTA, LEGAL LITERACY – The Constitutional Court (MK) held a follow-up hearing with the agenda of listening to the Respondent's answers and the testimony of the Election Supervisory Body (Bawaslu) for the General Election Results Dispute Case (PHPU) for prospective members of the Regional People's Representative Council (DPRD) of Deyai Regency, Deyai Electoral District (Dapil) 3 submitted by Agusten Yuppy from the National Awakening Party.

Trial with case number 106-02-01-36/PHPU.DPR-DPRD-XXII/2024 was held on Monday (06/05/2024) morning in Panel Session Room 3 with the Panel of Constitutional Justice Arief Hidayat accompanied by Constitutional Justice Anwar Usman and Constitutional Justice Enny Nurbaningsih.

In this trial, the Respondent provided an explanation regarding the Petitioner's request which previously argued that the KPU of Deyai Regency was suspected of changing the results of the vote acquisition at the PKB so that C. Hasil Plano and D. Hasil were not in accordance with C. Hasil Plano and D. Hasil Copies based on Recommendations from the Bawaslu district which did not coordinate with the PPK of Kapiraya District. The correct total votes for PKB according to the Petitioner based on C. Hasil Plano and D results of Deyai Regency 3 are 2034 votes.

KPU Denies Agusten Yuppy's Claim of Vote Acquisition in Deiyai!

Andre Kristian, as the Respondent's legal representative, gave the answer that the Constitutional Court does not have the authority to examine and decide this case because the main point of the application is related to administrative violations. In addition, in its exception, the KPU stated that the Petitioner does not have legal standing because the application does not argue that there is a recommendation from the Party.

"The Court does not have the authority because the application is related to administrative violations and also in its application the applicant does not argue regarding the existence of a recommendation from the Party," said Andre Kristian.

Furthermore, Andre stated that the acquisition of the Petitioner's votes in Deiyai Regency, Deiyai Electoral District 3 for Kapiraya District and West Tigi District as many as 2034 votes is not true. According to Model D. Hasil KABKO DPRPT Central Papua Province, Deiyai Regency, Central Papua Province, Deiyai Electoral District 3, dated March 3, 2024, the Petitioner's vote acquisition was 893 votes.

The KPU also explained that the addition of votes for the National Awakening Party (PKB) in Kapiraya District and West Tigi District as many as 2034 votes is also not true, because according to the same Model D. Hasil KABKO DPRPT, the vote acquisition on that date was 893 votes. According to the KPU, the acquisition of votes for the Petitioner as a candidate for member of the DPRD of Deiyai Regency, Electoral District 3 from the National Awakening Party is in accordance with the results of the Bawaslu Recommendation of Deiyai Regency which in principle recommends the return of DPRD votes in Kapiraya District based on Model C. Hasil Kecamatan to the people's votes.

Thus, according to the KPU, the claim of the Petitioner named Agusten Yuppy with the acquisition of 2035 votes is not true, because it is not in accordance with the Plenary Results held in the yard of the Kapiraya District Office. Based on the Recommendation of the Bawaslu of Deiyai Regency, the acquisition of votes in Deiyai Regency, Kapiraya District, is adjusted to Form D. Hasil KABKO-DPRPD KABKO of Deiyai Regency, Deiyai Electoral District 3, which is 893 votes.

The KPU also explained that Form D. Hasil KABKO-DPRPD KABKO of Deiyai Regency, Deiyai Electoral District 3 has been recapitulated for the results of the vote count at the regency/city level of the 2024 Election as the results of the recapitulation meeting for the vote count at the Deiyai Regency level and has been attended by witnesses from political parties including witnesses from the National Awakening Party.

Bawaslu Deiyai Reveals Allegations of Election Result Manipulation

Bawaslu, in its statement, explained that the results of Bawaslu of Deiyai Regency's supervision of the recapitulation of vote counting at the Kapiraya District level on February 16, 2024 showed the acquisition of 850 votes based on photos and video recordings. However, there was a change to 2,034 votes in D.Hasil Kecamatan/Kapiraya District.

Regarding this problem, Bawaslu of Deiyai Regency received a report of alleged violations with Number 001/LP/PL/BWS-DYl/33.28/11/2024 on February 24, 2024 from reporter Obaja Anouw and reported Chairman and Members of PPD Kapiraya, which in principle related to alleged manipulation of vote acquisition. The reporter attached evidence related to the Letter of DPD II of the Golkar Party of Deiyai Regency Number: 005/DPD-GOLKAR/111/2024 dated February 24, 2024, which reported the results of the Plenary Session at the Kapiraya District Level with the results of the votes obtained by Agusten Yuppy as many as 850 votes.

Bawaslu of Deiyai Regency issued Recommendation Number 001/LP/PP/BWSDYl/33.28/11/2024 dated February 28, 2024 which recommended to PPD Kapiraya and KPU of Deiyai Regency to return the people's votes that had been poured into the Model C.Hasil DPRD on the day of the election which was held on February 15, 2024 in the yard of Kapiraya District, which on February 16, 2024 was plenary in the Yard of the District Office.