JAKARTA - The Constitutional Court ordered the Serang Regency KPU, Banten, to re-vote (PSU) for the 2024 Serang Regional Head Election because the argument for the inequality of village heads (kades) was proven at trial.
The Constitutional Court ordered that the implementation of the PSU within a maximum of 60 since the decision was pronounced based on the same voter list as the vote on 27 November 2024.
"Granted the petitioner's petition for part," said Chief Justice of the Constitutional Court Suhartoyo reading the Decision Number 70/PHPU.BUP-XXIII/2025 which was requested by candidate pair number 1 Andika Hazrumy-Nanang Supriatna at building I MK, Jakarta, Monday, February 24.
Constitutional Justice Enny Nurbaningsih explained that the MK found the fact that there was a video related to the incident of providing support by a number of village heads to candidate pair number 2 Ratu Rachmatuzakiyah-M. Najib Hamas.
According to the Constitutional Court, the inequality of the village head not only violates Law Number 6 of 2014 concerning Villages, but is also categorized as an election violation as regulated in Article 71 paragraph (1) of Law Number 10 of 2016 concerning Regional Head Elections.
In addition, the Constitutional Court also found a series of legal evidence and facts regarding activities involving the Minister of Villages and Development of Disadvantaged Regions Yandri Susanto in the activity of providing support. Yandri is the husband of Ratu Rachmatuzakiyah.
"Yandri Susanto, in his position as Minister of Villages and Development of Disadvantaged Regions, has organized or attended activities in which there is a statement asking for or directing village heads to support candidate pair number 2," said Enny.
Institutionally, added Enny, the position of village heads and village governments is under the coordination of the Ministry of Villages and Development of Disadvantaged Regions led by Yandri.
Therefore, according to the Constitutional Court, it is unavoidable that there will be close ties of interest between the village heads and village government officials and the activities attended by Yandri. Yandri's actions are undeniable to significantly affect the attitude of the village head.
Enny continued, in the condition that one of the election participants has a marriage or family relationship, Yandri should avoid activities or activities that can affect the neutrality of village officials, especially the village head is believed to have a significant role in discriminating villagers.
Although there is no recommendation or decision of Bawaslu which concludes the active involvement of the Minister of Villages and Development of Disadvantaged Regions in winning Ratu-Najib, the Court believes Yandri and Ratu's close relationship has created a causal relationship that has an impact on the massive side of the village head.
Based on these considerations, the Court believes that the massive statements of support from the village heads have a significant effect on the votes acquired by the Queen-Najib. The Court also believes that there have been a series of violations that have fundamentally damaged the purity of voters' votes.
Therefore, the Constitutional Court canceled the results of the 2024 Serang Regional Election and ordered PSUs at all polling stations in Serang Regency. The PSU is carried out while still involving two pairs of candidates, namely Andika-Nanang and Ratu-Najib.
"As the principles of universal law and justice, no one can benefit from the deviations and violations they commit themselves, and no one should be harmed by the deviations and violations committed by others," said Enny.
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