JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for the 2024 legislative election of the DPR (House of Representatives), Provincial and Regency/City DPRD (Regional Legislative Council) for the electoral district (dapil) of South Tangerang City 5 of Banten Province on Monday morning, April 29, 2024 in the plenary courtroom. The case No. 64-02-10-16/PHPU.DPR-DPRD-XXII/2024 was filed by Guna, a candidate from the People’s Conscience Party (Hanura).

The Petitioner asserted that according to Article 413 paragraph (1) of Law No. 7 of 2017, the General Elections Commission (KPU) shall determine the national election results and the vote acquisition of the candidate pairs, of the political party for DPR candidates, and of the DPD (Regional Representatives Council) candidates no later than 35 days after the polling day. Therefore, the KPU has certified all that on March 20, 2024, precisely 35 days after polling day on February 14, by issuing the Decree No. 360 of 2024 on that day.

It turns out that the KPU of South Tangerang City determined the vote acquisition for political party candidates of the city’s DPRD on March 17, as evidenced by the South Tangerang City KPU Decree No. 287 of 2024 on the certification of the South Tangerang City DPRD Election Results of 2024 dated March 17, or after the period specified by the law had elapsed.

Therefore, from a legal perspective, Decree No. 287 of 2024 is has serious legal flaws since its issuance. This is because the South Tangerang City KPU did not have the authority to make such a decision. After all, it is only authorized to certify the results of the 2024 General Election from February 2 to March 5.

According to the Petitioner, the content of the KPU Decree No. 360 of 2024, specifically on the results of the DPRD election in Tangerang City for South Tangerang electoral district 5, is legally flawed from the very beginning. This is because it is based on a legal document that also contains a very serious legal flaw, i.e. a decree of the South Tangerang City KPU made and issued without legal basis in the context of Law No. 7 of 2017 regarding General Elections.

Therefore, both the South Tangerang City KPU Decree and the KPU Decree, specifically on the results of the DPRD election in Tangerang City for South Tangerang electoral district 5, must be considered legally null and void since their issuance. They, along with all their legal consequences, should be deemed to have never existed. Therefore, according to the Petitioner’s legal opinion, a revote would be the best solution.

“In the petitum, the Petitioner requests that the Court grant his petition in its entirety; cancel the KPU Decree No. 360 of 2024 on the certification of the 2024 DPR and DPRD election results dated March 20, 2024, specifically in South Tangerang electoral district 5; instruct the organizers of the 2024 general election, according to their respective authorities, to conduct a revote in South Tangerang 5 to elect members of the South Tangerang City DPRD; and instruct the KPU to implement this ruling,” said Horas, the Petitioner’s legal counsel.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
PR             : Andhini S.F.
Translator  : M. Ariva Aswin Bahar, Yuniar W.

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.