JAKARTA, LEGAL LITERACY – The General Elections Commission (KPU) stated that the petitioner, Jois Kambu, S.E., does not have legal standing because he did not obtain approval or recommendation from the Golongan Karya (Golkar) Party. This was conveyed by the KPU as the Respondent in the General Election Result Dispute (PHPU) hearing led by Constitutional Justice Arief Hidayat, accompanied by Constitutional Justice Anwar Usman and Constitutional Justice Enny Nurbaningsih. This answer was in response to the petition filed by Jois Kambu, a candidate for member of the DPRD of the Southwest Papua Province from the Golongan Karya Party Number 1 for the Southwest Papua Electoral District 6.

“In accordance with the provisions of PMK number 2 of 2023, a clear and concrete requirement for submitting a petition to the Constitutional Court is the existence of a recommendation from the party. In the hearing on April 30, 2024, the Petitioner stated that he had not received approval or recommendation from the party,” said Andhika Hendra Septian, Legal Counsel for the Respondent at the Hearing held in Panel 3 Hearing Room on Wednesday (08/05/2024).

Regarding the answer that has been explained, the Respondent requests the Court to accept and grant all of the Respondent's exceptions in the exception, and to reject all of the Petitioner's requests and declare the Decree of the General Elections Commission Number 360 of 2024 correct in the subject matter.

In addition to the KPU and Bawaslu, the Related Party, Otis, stated in his statement that he previously had a recommendation from the party. However, due to orders from the General Chairperson and Secretary General, the recommendation has been revoked. As a result, the Related Party currently does not have a recommendation, just like the Petitioner.

“Previously, the Related Party had a recommendation from the Party. However, due to directions from the General Chairperson and Secretary General, the recommendation was revoked, so that currently the Related Party does not have a recommendation, just like the Petitioner,” he said. Previously, in the preliminary hearing, the Petitioner stated that there was an inflation of votes for the DPRD Candidate from the same party, namely Ortis Fernando Sagrim. According to the Petitioner, Ortis Fernando Sagrim should have only obtained 4,320 votes, but the Respondent (General Elections Commission) determined a total of 4,794 votes. Meanwhile, the Petitioner, who should have obtained 4,342 votes, was only determined to have received 4,106 votes by the Respondent. In his petitum, the Petitioner requested the Constitutional Court to grant all of the Petitioner's requests, annul the Decree of the General Elections Commission Number 360 of 2024, and determine the acquisition of votes for the Petitioner in accordance with the amount deemed correct by the Petitioner.