JAKARTA, LEGAL LITERACY — Constitutional Court (MK) decided to grant the Petition for Case Number 05-01-12-38/PHPU.DPR-DPRD-XXII/2024 submitted by the National Mandate Party (PAN) regarding the filling of legislative candidates in the Southwest Papua Province. In its decision, the Constitutional Court ordered a Re-Vote due to violations in which legislative candidates from the Prosperous Justice Party (PKS) also served as KPPS members. This verdict was read out by the Chief Justice of the Constitutional Court, Suhartoyo, on Thursday (6/6/2024) in the Plenary Session Room, Building 1, MK Jakarta.

“Granting the petitioner's request in its entirety. Stating that the results of the vote acquisition for candidates for the Southwest Papua People's Representative Council for the Southwest Papua Electoral District 3 at TPS 07 and TPS 18, Malawele Village, Aimas District, Sorong Regency, Southwest Papua Province must be re-voted,” said the Chair of the Panel of Judges, Suhartoyo, accompanied by 8 other Constitutional Justices.

The Court in its considerations stated by Constitutional Justice Arief Hidayat stated that the dishonesty of Susiati Making and Nani Mariana as KPPS, according to reasonable reasoning, could create a conflict of interest in the implementation of the election.

Because related to declaring their identity as legislative candidates as well as members of the Prosperous Justice Party at the time of registration as KPPS was carried out dishonestly, especially in carrying out their duties as election organizers. According to the Court, this can certainly potentially be unprofessional and unaccountable and/or the tendency will benefit themselves or their party. Regarding such legal facts, the Court believes that it is not in accordance with statutory regulations, especially the implementation process which must be based on the principles of direct, general, free, secret, honest and fair (Luber and Jurdil) as regulated in Article 2 of the Election Law whose spirit is the same as Article 22E paragraph (1) of the 1945 Constitution.

Furthermore, the Court believes that this violation will create doubts about the validity and legitimacy of the vote acquisition of each Political Party. This kind of violation also injures the principles of democracy and election principles. The violation was committed by Susiati Making, a candidate for DPRD member of Sorong Regency from the Prosperous Justice Party with serial number 2 in the Sorong 3 Electoral District (dapil), who also served as Chair of KPPS at TPS 07, Malawele Village, Aimas District, Sorong Regency. In addition, Nani Mariana, a candidate for DPRD member of Sorong Regency from the Prosperous Justice Party with serial number 2 in the Sorong 2 Electoral District (dapil), also served as a KPPS Member at TPS 18, Malawele Village, Aimas District, Sorong Regency. This causes problems regarding the validity of the vote acquisition at the TPS.