KPU Rejects Recommendations For Re-voting 3 TPS In North Halmahera

The General Election Commission (KPU) of North Halmahera (Halut) in North Maluku (Malut) does not accommodate re-voting recommendations (PSU) in 3 polling stations (TPS) in the Halut area.

KPU Halut Commissioner for Legal Division Abdul Jalil Djurumudi said the 3 polling stations were TPS 1 Maaleling Village, Kao Teluk District; TPS 3 South Gogua, North Tobelo District; and TPS 1 Duma Village.

"The North Halmahera Regency KPU in following up on every Bawaslu recommendation based on Law Number 7 of 2017 concerning General Elections and PKPU Number 25 of 2023 concerning Voting and Counting in General Elections," he said in Ternate, Sunday, February 25, was confiscated by Antara.

The absence of the recommendation was contained in the Halut KPU letter numbered 72/PL.01.8-SD/8203/2024 regarding follow-up to the PSU recommendation.

Based on the letter, the rejection of the PSU was based on a letter sent by Bawaslu Halut Number 039/PM.06/K.MU-03/02/2024, 4040O/PM O6/K MU-03/02/2024 and 041/PM.O6/K MU03/02/2024 dated February 22, 2024 regarding PSU recommendations.

Jalil added, with the regulation in Article 373 paragraph (3) of Law Number 7 of 2017 concerning General Elections and Article 81 paragraph (3) of PKPU Number 25 of 2023 concerning Voting and Counting in General Elections which states that Re-voting at TPS is carried out no later than 10 days after voting day based on the Regency/City KPU Decree, when the recommendation of the North Halmahera Regency Bawaslu to carry out the PSU is received in the last day, it is no longer possible for the KPU to carry out the PSU in question.

"Based on the decision of the Constitutional Court Number 01/PHPUPRESIXVII/2019 on the 1903 page, which basically the Court can accept the reason for the Respondent not to implement the Papua Province Bawaslu recommendation to implement the PSU because it is impossible to implement (imposibility of performance)," he said.

In addition, Article 86 of PKPU Number 25 of 2023 concerning Voting and Counting in General Elections which states that the provisions regarding voting at TPS as referred to in Articles 6 to 33 apply mutatively to re-voting at TPS.

So that the implementation of the stages and schedule of the PSU as stipulated in Article 8 to Article 33 is impossible to implement.

"Thus, based on the above legal considerations regarding the recommendations of the North Halmahera Regency Bawaslu, it cannot be implemented," said Jalil.