Constitutional Court Orders PSU in Papua Province, Residents Invited to Monitor More Strictly

JAKARTA, KOMPA – The Constitutional Court annulled the victory of the gubernatorial candidate pair for Papua, Benhur Tomi Mano-Yermias Bisai, in the 2024 Papua Provincial Election. The Court ordered the Papua Provincial General Election Commission to hold a re-vote without the participation of Yermias Bisai, as he was proven to be dishonest and lacking good faith in fulfilling the candidacy requirements. It is hoped that the public will closely monitor the implementation of the re-vote, which must be conducted no later than 180 days after the ruling is announced.

The Constitutional Court (MK) ordered the General Elections Commission (KPU RI) to conduct supervision and coordination with the Papua Provincial KPU in order to carry out a re-vote. Similarly, the Election Supervisory Body (Bawaslu RI) and the Papua Provincial Bawaslu were requested to oversee the implementation of the re-vote.

The Constitutional Court (MK) partially granted the petition submitted by the candidate pair for governor and deputy governor of Papua, candidate number 2, Matius Fakhiri and Aryoko Alberto Ferdinand Rumaropen, in a session presided over by the Chief Justice of the Constitutional Court, Suhartoyo, on Monday (24/2/2025).

In his consideration, constitutional judge Saldi Isra said, the Constitutional Court saw a number of irregularities in the documents used to fulfill the nomination requirements in casu population data in the form of residential address or domicile in a certificate of never having been convicted and a certificate of not having had his/her voting rights revoked. The two certificates must be issued by the district court in the jurisdiction of the person's residence.

In the two certificates, Yermias' address/domicile is listed at Jalan Baliem Number 8 Dok V Jayapura RT 003/RT002 Kelurahan Mandala, North Jayapura District. The address used is in accordance with the certificate of domicile dated August 23, 2024.

However, in the certificate of never having been convicted and not having had his voting rights revoked issued by the Jayapura District Court dated September 19, 2024, then the certificate of moving dated September 18 and the Family Card dated September 19, 2024 in the name of Yermias Bisai, his address has changed, especially his RT and RW addresses. The Constitutional Court also found differences or inconsistencies in the writing of numbers and RW numbers.

Not being honest in providing information regarding residential address and not acting in good faith in fulfilling the requirements for deputy governor candidate

In addition, the certificate of domicile was issued later after the certificate from the Court. Within the limits of reasonable reasoning, the certificate of domicile should have been issued first before the certificate of never having been convicted or not having had their voting rights revoked considering that the certificate of domicile is a requirement for issuing both certificates.

The KPU, said Saldi, should have found the irregularities when conducting an examination or verification of the candidate's files. The KPU is not enough to simply clarify the requirements for the candidate in the name of Yermias, but also as a responsible party, the KPU should also check the truth of the documents in question.

Meanwhile, Constitutional Justice Arsul Sani said that a series of actions taken by Yermias had violated election principles because Yermias was proven to be dishonest and did not act in good faith in fulfilling the requirements for candidates in the 2024 Papua gubernatorial election.

"Not being honest in providing information regarding residential address and not having good intentions in fulfilling the requirements for deputy governor candidate," said Arsul.

The applicant's attorney, Bambang Widjojanto, appreciated the Constitutional Court's decision. This decision also confirms that continuous lies can no longer be tolerated and must be stopped and declared untrue. Given that the Constitutional Court's decision is final and binding, the Papua KPU and Bawaslu and related parties have an obligation to immediately follow up on it.

In addition, the Constitutional Court's decision also proves that there needs to be a total correction of the implementation of elections in Papua, especially election organizers who must carry out their duties independently, honestly, and fairly, and without bias. "Stop the unprofessional and biased actions because they will damage democracy," he said.

He also invited all Papuans to closely monitor the implementation of the re-vote that will be held after the Constitutional Court's decision. It is important to ensure that the re-vote can be held honestly and fairly.