Proven Violation of "TSM", MK Orders Re-vote in Mahakam Ulu Regency

JAKARTA, KOMPAS – The Constitutional Court has ordered a re-vote at all polling stations in Mahakam Ulu Regency, East Kalimantan Province, disqualifying the winners of the regional election on November 27, 2024, candidate pair number 3, Owena Mayang Shari Belawan and Stanislaus Liah, from participating in the election. The Constitutional Court annulled the victory of the candidate pair due to proven structured, systematic, and massive violations in the implementation of the Mahakam Ulu regional election.

"The Constitutional Court considers that candidate pair number 3 has committed violations and/or violated the principles of democratic general elections, which are very fundamental, so that they must be declared disqualified from the 2024 Mahakam Ulu regent and deputy regent election contest," said Constitutional Justice Saldi Isra when reading out the verdict considerations in an open session in Jakarta, Monday (24/2/2025).

The Constitutional Court also assessed that candidate pair number 3 had carried out massive money politics practices in the form of political contracts by promising a sum of money to voters which can be interpreted as a form of vote buying to voters in a structured, systematic, and massive manner. The Court's decision to disqualify candidate pair number 3 was also based on the revealed fact that the person concerned had been a suspect for committing a criminal act of election together with the Regent of Mahakam Ulu.

In fact, the district government and all its programs and budgets belong to the entire local district community, which should not benefit one candidate pair and harm another candidate pair.

The Constitutional Court found that the campaign of candidate pair number 3 on October 24, 2024 in Iskandar's field was accompanied or coincided with the Mahakam Ulu Regency Government program, Planting 10 Hectares of Dry Land Rice. According to the Constitutional Court, the implementation of the campaign of candidate pair number 3 which was carried out simultaneously with the Mahakam Ulu Regency Program activities, within the limits of reasonable reasoning, has provided benefits for candidate pair number 3 and harmed other candidate pairs. This is because campaign participants or the public will consider the Mahakam Ulu Regency Government program as if it will only be continued by candidate pair number 3.

"In this case, the involvement of the incumbent (who is also the parent of the candidate for regent of candidate pair number 3) who controls the district government's programs and budget and supports one of the candidate pairs will clearly cause injustice to the other candidate pairs. In fact, the district government and all its programs and budgets belong to the entire local district community, which should not benefit one candidate pair and harm the other candidate pairs," said the Court.

In addition, the Constitutional Court also considered the existence of a political contract between candidate pair number 3 and the RT heads to influence voters by promising to provide village funds of at least IDR 4 billion to IDR 8 billion per village per year. In addition, candidate pair number 3 also promised to create a Family Resilience Program of at least IDR 5 million to IDR 10 million per dasawisma per year, as well as an RT fund program of IDR 200 million to IDR 300 million per RT per year.

The Constitutional Court considered that there had been a political contract that went beyond just political promises that were allowed as stated in the vision, mission, and action program that each candidate pair should have. Political promises in any form, whether programs, assistance, funds, or goods as long as they are stated in the formulation of the vision, mission, and action program are not violations.

"However, the political contract as made by candidate pair number 3 together with the RT heads according to the Court is not an 'ordinary political promise' but rather a systematic recruitment of a winning team that is given the task and responsibility to socialize its programs and promises to voters," said Saldi.

According to the Constitutional Court, this is a violation of Article 73 paragraph (1) of Law 10/2016 which prohibits candidates or campaign teams from promising and/or giving money or other materials to influence election organizers and/or voters and Article 73 paragraph (4) letter c of the same law which regulates the prohibition of carrying out unlawful acts of promising or giving something.

"Sociologically, the effort to bind the RT Head in the form of a political contract, including promising a certain budget, can be read as an effort to bind voters in each RT to choose the candidate who made the political contract," said Saldi.

Based on these considerations, the Constitutional Court granted part of the petition from candidate pair number 2 Novita Bulan and Artya Fathra Marthin. The Constitutional Court ordered the Mahakam Ulu KPU to hold a revote no later than three months after the verdict was pronounced, without the participation of candidate pair number three Owenaa Mayang Shari Belawan and Stanislaus Liah.

The revote was attended by three candidate pairs, namely candidate pair Yohanes Avun and Juan Jenau, candidate pair Novita Bulan and Artya Fathra, and a new candidate pair proposed by a political party or coalition of political parties that previously supported candidate pair number 3.