Unproven Dalil, Lawsuit Of Hengki Kurniawan Pilkada West Bandung Rejected By The Constitutional Court

The applicant's attorney attended the trial for the pronouncement of the case decision to be continued or not (for example) the 2024 Pilkada dispute at the Constitutional Court building, Jakarta, Wednesday (5/2/2025). BETWEEN PHOTOS/Hafidz Mubarak A/tom.

JAKARTA - The Constitutional Court stated that it could not accept the lawsuit against the results of the 2024 West Bandung Pilkada submitted by the candidate pair for regent and deputy regent number 3 Hengki Kurniawan-Ade Sudradjat Usman.

The Constitutional Court does not believe in the arguments proposed by Hengki Kurniawan and his partner. In addition, the Constitutional Court also assessed that Hengki-Ade did not have the legal standing to apply because the threshold for difference in votes as a formal requirement was not met.

"Declaring that the petitioner's application cannot be accepted," said Chief Justice of the Constitutional Court Suhartoyo reading out the verdict of the dismissal perkara Number 192/PHPU.BUP-XXIII/2025, Wednesday, February 5, reported by ANTARA.

Hengki-Ade argued that the Minister of Villages and Development of Disadvantaged Regions Yandri Susanto and the Presidential Special Envoy for the Development of the Young Generation and Art Workers Raffi Ahmad were involved in winning candidate pair number 2 Jejeir Ismail (Jeje Govinda) and Asep Ismail.

According to the Court, the argument is not supported by strong legal facts. Hengki-Ade is also considered not to submit evidence that can convince the panel of judges regarding the truth of the argument.

On the other hand, Hengki-Ade argued that there was money politics involving village heads, Village Community Empowerment Institutions (LPMD), RW, RT, PKK, posyandu, and a successful team. The money politics is suspected of winning Jeje Govinda.

The Court also did not believe in the truth of the argument. Moreover, Bawaslu confirmed that there were no violations in the election and found no other legal facts.

Therefore, the Constitutional Court believes that there is no reason to waive the threshold for difference in votes as a formal requirement to file a lawsuit, as stipulated in Article 158 of Law Number 10 of 2016 concerning Pilkada.

Based on this article, the threshold for the difference in votes to be able to file a 2024 West Bandung Pilkada dispute is a maximum of 4,562 votes (0.5 percent of the total valid votes). However, the difference in votes between Hengki-Ade and Jeje-Asep, as the pair of candidates who won the most votes, was 117,159 votes, thus exceeding the appropriate threshold.