JAKARTA - The Constitutional Court (MK) ordered the General Election Commission (KPU) to re-vote (PSU) at two polling stations in Sintang Regency, West Kalimantan (Kalbar).
The PSU was carried out because it was proven that there were fictitious voters, namely voters who had died but were recorded as being present during the voting.
"Granted the petitioner's application in its entirety," said Chief Justice of the Constitutional Court Suhartoyo reading the PHPU decision for the 2024 Legislative Election for case number 284-01-02-20/PHPU.DPR-DPRD-XXII/2024 submitted by the Gerindra Party at Building I MK, Jakarta, Friday 7 June, confiscated by Antara.
In this case, the Gerindra Party questioned the difference of 13 votes with the Democratic Party. The Gerindra Party argued that the difference in votes occurred because there were voters who were not entitled to TPS 02 in Nanga Tekungai Village, Serawi District and Pols 02 Deme Village, Ambalau District, Sintang Regency.
Constitutional Justice Daniel Yusmic P. Foekh said the Gerindra Party argument was legally justified because it was found that two voters had died, but were actually listed on the list of voters.
He explained that voters on behalf of Fransiskus Hermanto Tori who were registered in the Permanent Voter List (DPT) at TPS 02 Nanga Tekeungai Village in serial number 64, turned out to have died on June 12, 2023.
"However, the data on the voters who have died still has their signature on the list of voters at TPS 02, Nanga Tekungai Village," said Daniel.
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In addition, voters on behalf of Suhkuk who based on a copy of the DPT at TPS 02 Deme Village are voters number 148, it turns out that they died on June 22, 2023. However, there are still signatures on the list of voters present.
Due to this incident, Bawaslu Sintang Regency has actually imposed sanctions stating that there has been an administrative violation of the election. The local Bawaslu has also considered the PSU, but it is not recommended because it has exceeded the predetermined time limit.
Therefore, the Court assessed that the PSU at the two polling stations needed to be carried out in order to ensure and protect the purity of the constitutional rights of voters, as well as maintain democratic election principles based on the principles of luber and jurdil.
"Ordered the Respondent (KPU) to conduct a PSU in the general election of candidates for members of the Sintang Regency DPRD in the Sintang 5 Election Area at TPS 02 Nanga Tekungai Village, Serawai District and TPS 02 Deme Village, Ambalau District, Sintang Regency in accordance with the laws and regulations within 30 days of the decision being pronounced and setting correct votes for the results of the PSU without the need to report to the Court," Suhartoyo said.
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