JAKARTA, LEGAL LITERACY – The General Elections Commission (KPU) has affirmed that regarding the announcement of the provisional list of candidates for members of the Tarakan City DPRD in the 2024 Election in print and electronic media, no public responses were received by the Respondent concerning the status of Erick Hendrawan Septian Putra. This was conveyed by the KPU as the Respondent in a hearing presided over by Constitutional Justice Arief Hidayat, accompanied by Constitutional Justice Anwar Usman and Constitutional Justice Enny Nurbaningsih, regarding the General Election Result Dispute case number 226-01-17-24/PHPU.DPR-DPRD-XXII/2024 submitted by the United Development Party (PPP) for the filling of candidate members of the Tarakan City DPRD in the Electoral District (Dapil) 1 of Central Tarakan Sub-district, Tarakan City, North Kalimantan Province.

“The determination of the provisional candidate list has been published, but there has been no response from the public,” said Zahru Arqom, Legal Counsel for the Respondent, at the hearing held in Panel Room 3, Monday (05/13/2024).

The KPU explained that on March 3, 2024, an Open Plenary Meeting was held for the Recapitulation of Vote Count Results for the 2024 Election at the Tarakan City level. The results were recorded in the MODEL D. HASIL KABKO-DPRD KABKO Certificate for the Tarakan City Electoral District 1 and in KPU Tarakan City Decree Number 86 of 2024. However, this decision was later revoked and replaced by KPU Tarakan City Decree Number 87 of 2024.

Furthermore, on March 19, 2024, one day before the determination of national-level vote results and after the determination of district/city-level vote results, the results of the hearing on alleged election administration violations involving Erick Hendrawan Septian Putra were read out. The Tarakan City Bawaslu's decision that was read out, according to the KPU, had passed the period for determining the acquisition of votes at the district level. The general election results for legislative candidates in the name of Erick Hendrawan Septian Putra were determined through KPU Tarakan City Decree Number 87 of 2024 concerning the Determination of the General Election Results for Members of the Tarakan City Regional People's Representative Council in 2024, which was stipulated on March 17, 2024.

Regarding the explanation provided, the Respondent requests the Court to accept and grant all of the Respondent's exceptions in the exception, and in the subject matter, to reject all of the Petitioner's requests and to declare the Decree of the General Elections Commission Number 360 of 2024 to be correct.

Meanwhile, in the trial, Bawaslu stated that they had received a report of election violations. This report, submitted by Ardiansyah on February 19, 2024, mentioned discrepancies in the candidacy requirements documents of Erick Hendrawan Septian Putra from the Golkar Party, who was contesting in Electoral District 1 of Central Tarakan Sub-district. The documents in question were the Police Record Certificate from the Tarakan Police and a statement from the Tarakan District Court, which differed from the Samarinda District Court Decision.

Bawaslu of Tarakan City immediately coordinated with the Samarinda District Court on March 6, 2024, to verify Decision Number 207/Pid.B/2019/PN Smr issued on May 23, 2019, where Erick Hendrawan Septian Putra was recorded as a defendant. The court confirmed the existence of the decision. Bawaslu also received a photocopy of this decision as part of the evidence.

In a hearing held on March 19, 2024, Bawaslu read out Decision Number 002/LP/ADM.PL/BESL.KOTA/24.01/II/2024, which was open to the public. In the decision, Erick Hendrawan Septian Putra was declared legally and convincingly to have committed an administrative election violation. In addition, it was stated that Erick did not meet the requirements as a permanent candidate member of the Tarakan City Regional People's Representative Council for the Tarakan 1 Electoral District in the 2024 General Election. Bawaslu ordered the KPU of Tarakan City to implement this decision in accordance with applicable laws and regulations.

“That the Bawaslu of Tarakan City, based on the results of the examination of the alleged administrative election violation in the Decision of the Bawaslu of Tarakan City Number: 002/LP/ADM.PL/BESL.KOTA/24.01/II/2024 which was read out in front of the parties and open to the public on Tuesday, March 19, 2024, with the ruling: 1. Declaring the reported party named Erick Hendrawan Septian Putra legally and convincingly to have committed an administrative election violation; 2. Declaring the reported party named Erick Hendrawan Septian Putra does not meet the requirements as a permanent candidate member of the Tarakan City Regional People's Representative Council for the Tarakan 1 Electoral District in the 2024 General Election; 3. Ordering the KPU of Tarakan City to implement this decision in accordance with applicable laws and regulations,” said Sulaiman, Representative of Bawaslu.

In this case, besides the KPU and Bawaslu, the Golkar Party was also involved as a Related Party. The Golkar Party, through its legal counsel, stated that the actions of the Tarakan City Bawaslu in processing, examining, and deciding Report Number: 002/LP/ADM.PUBWSL.KOTA/24.01/11/2024 were a form of abuse of power. According to them, these actions deviated from the provisions in article 467 paragraphs (1) and (4) of the Election Law. The legal counsel of the Golkar Party, Daniel Febrian Karunia Herpes, stated, "The actions of Bawaslu, according to the related party, in processing, examining, and deciding Report Number: 002/LP/ADM.PUBWSL.KOTA/24.01/11/2024 are a form of abuse of power."

On the other hand, the Golkar Party is of the opinion that the actions of the KPU of Tarakan City in not implementing the Decision of the Bawaslu of Tarakan City were the right and correct step. According to them, the Bawaslu Decision did not cancel the Decree of the KPU of Tarakan City Number 83 of 2023 concerning the Permanent Candidate List of Members of the Tarakan City DPRD for the 2024 General Election, which was issued on November 3, 2023.

Previously, in the preliminary hearing, the Petitioner argued that there had been an administrative violation of the General Election (Pemilu) committed by a Legislative Candidate named Erick Hendrawan Septian Putra from the Golongan Karya (Golkar) Party. This was based on the Decision of the Election Supervisory Body (Bawaslu) of Tarakan City Number 002/LP/ADM.PL/BWSL/KOTA/24.01/III/2024 dated March 19, 2024, concerning Alleged Administrative Violations of the Election with the ruling Stating that the Reported Party named Erick Hendrawan Septian Putra legally and convincingly committed an administrative violation of the Election and stating that the Reported Party named Erick Hendrawan Septian Putra did not meet the requirements as a permanent candidate member of the Tarakan City Regional People's Representative Council for the Tarakan 1 Electoral District in the 2024 Election.

Even though there was a Bawaslu decision, according to the Petitioner, the Respondent (KPU) did not pay attention to and implement the Bawaslu Decision by determining the election results for Members of the Tarakan City DPRD in 2024 through the Decree of the KPU of Tarakan City Number 87 of 2024.

Based on the arguments presented by the Petitioner, in its petition, the Petitioner requests the Constitutional Court to grant its petition by canceling the Decree of the General Elections Commission Number 360 of 2024.

The Petitioner also requests that the Respondent be ordered to stipulate that the legislative candidate for Electoral District I of Central Tarakan Sub-district, Tarakan City, named Erick Hendrawan Septian Putra, does not meet the requirements as a legislative candidate. Therefore, the Respondent must stipulate that the votes obtained by Erick Hendrawan Septian Putra, amounting to 2,335 votes, are invalid votes. In addition, the Petitioner requests the Constitutional Court to order the Respondent to stipulate the Petitioner as the Elected Candidate for Member of the Legislative Assembly for Electoral District I of Central Tarakan Sub-district, Tarakan City, with a total of 2,289 votes.