MK Disqualification Of Candidates For Pesawaran Regent Aries Sandi Darma Because The Substitute For Certificates Is Not Valid

JAKARTA - The Constitutional Court (MK) decided to disqualify Aries Sandi Darma Putra as a candidate for Pesawaran regent in the 2024 simultaneous regional elections because he did not meet the nomination requirements.

"Based on legal considerations regarding the Certificate of Companion for Ijazah (SKPI) Packages/Equivalence, the Constitutional Court believes that Aris Sandi Darma Putra does not meet the nomination requirements for the election of regents and deputy regents in 2024, so his participation must be declared invalid and null," said Chief Justice of the Constitutional Court Suhartoyo when reading the verdict related to the PHPU Pesawaran reported by ANTARA, Monday, February 24.

The Court assessed that the issuance of SKPI Aris Sandi dated July 19, 2018 was legally flawed so that the document could not be used as a substitute for high school diplomas to meet the requirements of the candidate pair for regent and deputy regent of Pesawaran in 2024.

"So the petitioner's argument regarding the failure of the SLTA Aris Sandi Darma Putra's diploma is to argue according to the law," he said.

"However, because the 2024 Pesawaran Regent and Deputy Regent Elections have been carried out and the results have been recapitulated as stated in KPU's decision Number 1635 of 2024 concerning the results of the election of the Regent and Deputy Regent of Pesawaran, the Constitutional Court in its position as a court regarding regional head election disputes must state the cancellation of the Pesawaran KPU Decree Number 1645 of 2024 concerning the determination of the election results and declaring disqualification of related parties, namely candidate pair number 01, especially regent candidate Aris Sandi Darma Putra," he explained.

The Constitutional Court also said that with legal considerations and in order to bring legitimacy and support to the candidates who will be elected and lead Pesawaran Regency, a re-voting (PSU) must be carried out.

"In this PSU, we must also include candidate pair number 02 Nanda Indira and Antonius Muhamad Ali," he said.

However, he said, the organizers first opened up opportunities for political parties and coalitions of political parties that previously carried candidate number 01 to register new pairs of candidates.

"But without involving Aris Sandi Darma Putra again as a candidate for regent or deputy regent of Pesawaran. However, he can re-propose deputy regent candidate pair number 01 Supriyanto, either as a candidate for regent or deputy," he said.

The Constitutional Court also believes that in implementing the PSU, the respondent will continue to use the permanent voter list (DPT), the transfer voter list, and the transfer voter list used in the November 27, 2024 voter voter.

"Meanwhile, in terms of political parties, the respondent must verify the full requirements for a candidate to replace Aris Sandi Darma Putra as stipulated in Article 7 paragraph 2 of Law 10/2016. However, verification does not apply to Supriyanto if he is re-submitted as a candidate for regent or deputy regent," he said.

The Constitutional Court emphasized that the PSU time needed by the Pesawaran Regency election organizers was 90 days from the decision of the Constitutional Court.

"Furthermore, the results of the re-voting are determined and announced in accordance with the laws and regulations by the respondent without having to report to the Constitutional Court. However, with supervision by the Lampung KPU and the RI KPU," he said.

The Constitutional Court also asked the Lampung Regional Police to provide security in the implementation of the Regent's PSU and Deputy Regent of Pesawaran in accordance with their authority.