Dishonest, MK Disqualifies Candidate for Deputy Regent of Pasaman Number 01

JAKARTA, KOMPAS – The Constitutional Court disqualified Pasaman deputy regent candidate pair number 1 Anggit Kurniawan Nasution because he was deemed dishonest regarding his status as a former convict. The Constitutional Court also ordered the General Election Commission to hold a revote by giving the supporting parties the opportunity to replace Anggit, without replacing regent candidate number 1 Welly Suhery, no later than 60 days after the verdict was read.

In its considerations, the Constitutional Court assessed that Anggit did not fulfill the provisions of Article 7 Paragraph (2) letter g of Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors. This article regulates the statement of never having been a convict based on a court decision that has obtained permanent legal force or for former convicts who have openly and honestly stated to the public that the person concerned is a former convict.

"Therefore, this has violated or injured the principles of holding regional head elections that are fair, democratic, and have integrity. Thus, in order to ensure and guarantee the legitimacy of the results of the 2024 Pasaman Regent and Deputy Regent elections that are fair, democratic, and have integrity, there is no doubt for the Court to disqualify the candidate for deputy regent Anggit Kurniawan Nasution as a candidate for Deputy Regent of Pasaman Regency in 2024," said the Court.

The Constitutional Court partially granted the petition filed by candidate pair number 3 Sabar AS and Sukardi who questioned Anggit who had been convicted and provided information that did not match the facts in the nomination document. Anggit had been convicted with a verdict of 293/Pid.B/2022/PN JKT.SEL but the person concerned submitted a police record statement confirming that there was no record or involvement in any criminal activities.

Anggit Kurniawan Nasution should have refused and honestly stated that the police record certificate in question was incorrect and did not correspond to his actual personal data.

In its considerations, the Constitutional Court stated that Anggit should have rejected the police record certificate issued on August 12, 2024, long before the determination of the candidate pair on September 22, 2024. "Anggit Kurniawan Nasution should have rejected and honestly stated that the police record certificate in question was not true and did not match his actual personal data," said the Court.

Likewise, when Anggit received a certificate from the South Jakarta District Court stating that he had never been a convict based on a legally binding court decision dated August 16, 2024. He should also have objected because this did not correspond to the actual situation.

"In other words, Anggit Kurniawan Nasution could have actually conveyed to the respondent from the beginning that he had been sentenced for committing a crime of fraud at the South Jakarta District Court. However, what happened was that Anggit Kurniawan Nasution did not do this and preferred to 'hide it'," said the Constitutional Court.

In fact, as a former convict, Anggit should have been open and honest with the relevant institutions/agencies that issued the nomination requirement documents.

The Constitutional Court also annulled and declared that several decisions of the Pasaman Regency KPU had no binding legal force, including the determination of the regional election results and the determination of the regional head candidate pair along with Anggit Kurniawan Nasution. The replacement of Anggit was left entirely to the political party or coalition of political parties supporting him to participate in the re-vote with Welly Suhery, without changing the serial number concerned.

"Ordering the respondent to hold one open campaign/debate for each candidate pair to convey the vision, mission and program of each candidate pair before the re-vote is held," said the Court.

The Constitutional Court also asked the election organizers to coordinate with the central government and regional governments regarding the importance of prioritizing budget availability. This is to support the implementation of the revote. To ensure that the revote is held properly, the election must be carried out with the supervision of the Indonesian Election Supervisory Body, the West Sumatra Provincial Election Supervisory Body, and the Pasaman Regency Election Supervisory Body.