From 36 Decisions, MK Decides to Re-vote in 21 Regions

JAKARTA, KOMPAS - The Constitutional Court, on Monday (24/2/2025), in Jakarta, delivered rulings on 40 cases of disputes over the results of the 2024 Regional Elections. Out of the 36 cases whose rulings had been announced by 9:13 PM, 21 regions were required to conduct a re-vote, either in all polling stations or only in certain ones.

A re-vote (PSU) must be held because the Constitutional Court (MK) found several issues in those regions. These issues include candidates who have served as regional heads twice or candidates who are still within the five-year period of having their political rights revoked after serving a criminal sentence.

According to election activists, this Constitutional Court decision reflects that election organizers in the region are not professional in carrying out their duties.

The PSU was held in Tasikmalaya Regency, West Java, among others. This is because one of the regional election candidates in that area, Ade Sugianto, has held the position of regent of Tasikmalaya for two terms and therefore cannot run again.

The Constitutional Court's decision resulted in Ade Sugianto not being able to return to power as the regent of Tasikmalaya even though he won the most votes.

The candidate for deputy regent of Pasaman, West Sumatra, with serial number 1, Anggit Kurniawan Nasution, was also disqualified by the Constitutional Court because he was proven to have been convicted. This was revealed through the decision of the South Jakarta District Court number 293/Pid.B/2022/PN JKT.SEL. However, when registering with the local KPU, Anggit was able to submit a police record certificate confirming that there was no record or involvement in any criminal activities.

As of 21:13, out of 21 Constitutional Court decisions ordering the local General Election Commission (KPU) to hold a PSU, 14 regions were ordered to hold PSU at all polling stations (TPS). This occurred in Boven Digoel, Pasaman, and Tasikmalaya Regencies, among others. Meanwhile, PSU at certain TPS was carried out in seven regions, such as North Barito and Magetan Regencies.

In its ruling, the Constitutional Court annulled the victory of the candidate pair Ratu Rachmatuzakiyah-Muhammad Najib Hamas because it was proven that there was an attempt by the village government to influence their victory. The involvement of village officials was related to the active involvement of the Minister of Villages and Development of Disadvantaged Regions Yandri Susanto, Ratu Rachmatuzakiyah's husband.

Furthermore, there are 4 Constitutional Court decisions that reject the petition in its entirety, such as for the West Pasaman Regency Pilkada dispute.

In its ruling, the Constitutional Court annulled the victory of the candidate pair Ratu Rachmatuzakiyah-Muhammad Najib Hamas because it was proven that there were efforts by the village government to influence their victory.

Regarding this decision, KPU Chairman Mochammad Afifuddin and KPU member Idham Holik, who were contacted, did not respond to Kompas' confirmation.

Lecturer at the Faculty of Law, University of Indonesia, Titi Anggraini, views that the PSU order in a number of regions, especially due to violations of the requirements for regional head candidates, indicates that the KPU is not professional in making technical regulations for regional election nominations.

This unprofessionalism occurs, for example, in relation to the interpretation of the term of office which is not in line with the Constitutional Court's decision or during verification of the fulfillment of candidate requirements in the implementation of the stages of nominating regional election participants.

Titi also reminded that the KPU must follow up on the Constitutional Court's decision thoroughly and consistently. The KPU must ensure the availability of a budget for the PSU.

Deputy Chairman of Commission II of the House of Representatives Dede Yusuf admitted that the Constitutional Court's decision was truly a lesson for election organizers. For that reason, he plans to summon the central and regional KPU to discuss this matter. "This means that the organizers were not careful," he said.

Moreover, he continued, considering the implications of the Constitutional Court's decision, namely the implementation of PSU in several regions. In fact, the country is implementing budget efficiency. "This means that several regions must prepare another budget for PSU," he said.

(KAT/JOL/FLO)