MK Disqualification Of Cagub Yermias Bisa, Voting For The Papuan Regional Head Elections Repeated

The trial for the pronunciation of the final decision on the 2024 Pilkada dispute at the Constitutional Court, Jakarta, Monday (24/2/2025). BETWEEN/Fath Putra Mulya

The Constitutional Court has decided to disqualify the candidate for governor of Papua number 1 Yermias Bani from the participation of the 2024 Papua Regional Election due to defamation of the domicile address in the issuance of a certificate (suket) that has never been convicted and is not being revoked.

As a consequence of the disqualification, the Constitutional Court ordered the Papua Province KPU to carry out a re-voting (PSU), without being followed by Yermias Baki. The PSU was carried out within a grace period of 180 days after the decision was pronounced.

"Granted the Petitioner's petition for part," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict Number 304/PHPU.GUB-XXIII/2025 which was requested by candidate pair number 2 Matthew Fakhiri-Aryoko Rumaropen at the I MK building, Jakarta, Monday, February 24, reported by ANTARA.

In legal considerations, the Court confirmed that the suspect has never been a convict and his right to vote must be issued by a district court whose jurisdiction includes the residence of the candidate.

However, in fact based on the results of the trial, the Court found irregularities regarding the address of Yermias Baki's domicile.

Constitutional Justice Saldi Isra explained that the suket was not being revoked from its voting rights and was never convicted on behalf of Yermias Bini issued by the Jayapura District Court (PN) on August 20, 2024.

The Suket was issued three days earlier than the issuance of a domicile certificate issued on August 23, 2024. In this case, Yermias takes care of moving domicile to Jayapura City.

"In fact, within reasonable limits of reasoning, a domicile certificate should be issued or issued in advance before the suspect has never been convicted and his right to vote is not being revoked," said Saldi.

According to the Constitutional Court, the irregularities should have been found by the Papua Provincial KPU when examining or verifying the files of the candidate pairs. This is because the holding of the election must meet the principles of order, professionalism, and accountability.

Another oddity found by the Court was that the difference in the address of the ID card used when registering with the domicile address took care of the suspect. The ID card used for Yermias' candidacy has its address at Waropen Regency, while the domicile uses an address in Jayapura City.

In the previous trial, Yermias admitted that he did not know and did not live at the address stated in the domicile statement located in Mandala Village, Jayapura City.

Yermias admitted that all administrative needs for the candidate requirements on behalf of himself were carried out by the secretary or winning team. This was also confirmed by Herman A. Yomi as the secretary or party who helped Yermias when presented at the trial.

According to the Court, Yermias' actions cannot be justified legally, especially in terms of honesty regarding the truth of personal data information and the process of obtaining population documents used for nomination requirements.

"Moreover, in the trial, Yermias Bani admitted that she used her right to vote in Waropen Regency using a Waropen ID card. This means that in fact, Yermias Baki is located or domiciled in Waropen Regency," continued Constitutional Justice Arsul Sani.

Based on this fact, according to the Constitutional Court, Yermias should not be able to use the address of Waropen Regency as a place to live or domicile to take care of the Suket at the Jayapura District Court.

"This means that there is a discrepancy or incompatibility of the candidate's residence with an authorized district court or jurisdiction to issue a candidate requirement document on behalf of Yermias Baki," added Arsul.

The Constitutional Court then stated that Yermias clearly violated the election principle because it was proven dishonest and had no good intentions in fulfilling the requirements of the candidate. Therefore, the Court decided to disqualify Yermias.

Meanwhile, the replacement for Yermias was handed over to the political party that carried the candidate pair number 1. The party or coalition of the supporting political parties can re-propose the candidate for governor number 1 Benhur Tomi Mano, both as a candidate for governor and deputy governor.

Thus, the PSU for the 2024 Papua Pilkada will be followed by candidate pair number 2 Matthew Fakhiri and Aryoko Alberto Ferdinand Rumaropen as well as a new pair of candidates proposed by the party who previously carried candidate pair number 1, without including Yermias Baki.