JAKARTA, LEGAL LITERACY —The Constitutional Court (MK) decided on the petition of Agusten Yuppy, a legislative candidate from the National Awakening Party (PKB), in the case of the Dispute over the Results of the General Election for members of the Regional People's Representative Council (DPRD) of Deyai Regency for the Deyai Electoral District 3, which could not be accepted (Niet Ontvankelijke Verklaard). The Constitutional Court stated that Case Number 106-02-01-36/PHPU.DPR-DPRD-XXII/2024 did not meet the formal requirements of the application because the applicant's application was unclear or vague. This Decision was read out by the Chief Justice of the Constitutional Court, Suhartoyo, on Wednesday (21/5/2024) in the Plenary Session Room, Building 1, MK Jakarta.
“Decision. Adjudicating, in the exception, granting the respondent's exception regarding the applicant's unclear or vague application, Rejecting the respondent's exception for the rest and the remainder. In the subject matter of the case, declaring the applicant's application inadmissible,” said Suhartoyo, accompanied by other constitutional judges.
The Constitutional Court emphasized that the Petitioner, who is an individual legislative candidate, did not provide correct details regarding the results of his own vote acquisition. Instead, the Petitioner only explained the votes obtained by his party, namely PKB, both in the posita and petitum. This explanation does not contain any connection or relevance to the Petitioner's vote acquisition as an individual legislative candidate. As a result, the Petitioner's application is considered unclear.
“According to the Court, the Petitioner, who is an individual legislative candidate, did not describe at all the correct vote acquisition results for the Petitioner, but only described the votes obtained by the Petitioner's party, namely PKB, both in the posita and in the Petitum. From the description in the posita and the application in the Petitum, there is no description regarding the connection or relevance of the petitioner's application regarding the acquisition of these votes with the petitioner's vote acquisition as an individual legislative candidate. Therefore, there is an ambiguity in the petitioner's application,” said Anwar Usman.
Previously, the Petitioner argued that the KPU of Deyai Regency allegedly changed the vote acquisition results for 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 of the regency which did not coordinate with the PPK of Kapiraya District. The correct total vote acquisition for PKB according to the Petitioner based on C. Hasil Plano and D. Hasil of Deyai Regency 3 is 2034 votes.
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