JAKARTA, LEGAL LITERACY – Constitutional Court The Constitutional Court (MK) held a Preliminary Hearing for the Regional Representative Council (DPD) General Election Result Dispute (PHPU) case on Thursday (2/5/2024) afternoon. The hearing, presided over by Constitutional Justice Arief Hidayat, along with Constitutional Justice Anwar Usman and Constitutional Justice Enny Nurbaningsih, was held in Panel 3 Courtroom of the Constitutional Court. This hearing handles the case with number 08-24/PHPU.DPD-XXII/2024, filed by Hj. Sri Sulartiningsih, S.I.Kom., M.I.Kom., candidate for DPD RI member from North Kalimantan Province, serial number 15. The object of the petition is the Decree of the General Election Commission (KPU) Number 360 of 2024.
In the trial, the Petitioner, J. John Lamalo, claimed that there were differences in the vote acquisition determined by the Respondent (KPU) for himself and for Abd. Djali Fatah and Marthin Billa. According to the Petitioner, the votes that Abd. Djali Fatah should have obtained were 3,647, while the number determined by the Respondent was 3,649. For Marthin Billa, the Petitioner stated that he should have obtained 5,313 votes, different from the 5,341 determined by the Respondent. The Petitioner's votes, according to both parties, were 11,871.
“There is a difference in votes with candidate number 1, Abd. Djali Fatah, and number 10, Marthin Billa. The vote acquisition according to the Respondent for candidate number one is 3,649, while according to the petitioner the correct number is 3,647, there is a difference of 2 votes. For Marthin, according to the Petitioner is 5,313 while according to the Respondent is 5,341, there is a difference of 28 votes,” said J. John Lamalo, the Petitioner's attorney.
The Petitioner suspects that the addition of votes for Abd. Djali Fatah and Marthin Billa, 2 and 28 votes respectively, is due to the difference between C. Plano and D. Hasil Kabupaten/Kota (District/City Result). If the addition of votes for candidate 1 and candidate 10 is subtracted, then the Petitioner believes he can obtain a seat as a member of the DPD RI.
“If there is a reduction for candidate 1 and candidate 10, then the Petitioner can enter the DPD RI,” added Lamalo.
Based on the arguments presented, the Petitioner requests the Constitutional Court to grant his petition by canceling the General Election Commission Decree Number 360 of 2024 and stipulating the vote acquisition of the 2024 DPD RI Election for North Kalimantan Province as deemed correct by the Petitioner.
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