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 Regional People's Representative Council (DPRD) member Election Result Dispute (PHPU) Case for the Regency, Electoral District (Dapil) of Mimika 4 submitted by Muhammad Asri, S.E., a candidate for DPRD member of Mimika Regency from the National Awakening Party (PKB).
The trial with case number 137-02-01-36/PHPU.DPR-DPRD-XXII/2024 was held on Monday (06/05/2024) morning in Panel Session Room 3 with the Panel of Judges 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 was read out at the preliminary hearing on Monday (29/4/2024) Afternoon, which essentially argued that there was a difference in votes between the election results determined by the respondent (General Election Commission) and the correct election results according to the Petitioner. According to the Petitioner, the Petitioner's vote acquisition should have been 2,613, but according to the results determined by the respondent, the petitioner's votes were only 1,247. The Petitioner suspects that the cause of the difference in votes was due to the addition of votes or excess votes for PKB in Waniai District by 6 votes; vote inflation for Benyamin Sarira, PKB legislative candidate number 2 in Waniai district by 494 votes; vote inflation for Windi Kalbi, PKB legislative candidate number 3 in Waniai District by 41 votes; and Vote inflation for Emus Kogoya, PKB Legislative Candidate number 4 in Waniai District by 87 votes.
Andre Kristian, as the Respondent's legal representative, provided an answer that the Petitioner did not have legal standing/legal standing and his request was unclear or obscuur libel because the Petitioner mentioned the Waniai district, even though the existing one is the Wania district.
“Your Honor, the Petitioner does not have legal standing and his request is unclear because the petitioner mentions the Waniai district, while the existing one is the Wania district,” said Andre Kristian.
Andre mentioned that the correct votes for the Petitioner were 1,247 votes. On this basis, the KPU asked the Constitutional Court to grant the Respondent's exception in the exception. In the subject matter of the case, reject the petitioner's request in its entirety and declare KPU Decree Number 360 of 2024 correct.
“The Petitioner's correct votes are 1,247 votes. In the comparison table, the Petitioner and Respondent's versions are the same at 1,247 votes,” said Andre.
Meanwhile, Bawaslu, in its statement, explained that the vote acquisition that had been submitted by the Respondent was correct, where PKB had a total of 4,480 votes and the Petitioner obtained 1,247 votes. Bawaslu also explained that there were no special events concerning Muhammad Asri's request. “That's right, Your Honor, PKB 4,480 votes and Muhammad Asri 1,247 votes. There are no special events, Your Honor. Enough,” said Yonas Yanampa.
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