TEMPO.CO, Jakarta – The Association for Elections and Democracy or Perludem assessed that the Constitutional Court’s decision to order re-voting (PSU) in the Serang and Mahakam Ulu elections set a good precedent.
“The PSU orders in Serang and Mahakam Ulu are good precedents for proving structured, systematic and massive (TSM) violations,” said Perludem researcher Haykal in a teleconference, Thursday, February 27, 2025.
He continued, the Constitutional Court’s decision in the two regions broke the chain that had often been considered taboo, namely proving allegations of violations or election fraud committed by TSM.
“That way, the TSM argument in the future will be more likely to be proven and confirmed by the Court in the trial,” he said.
The Court has completed reading out the entire trial of the 2024 election dispute case from a total of 310 applications submitted by each candidate pair’s legal team.
In the reading out of the verdict of the 2024 election dispute hearing which was held on February 24, 2025, the Court ordered 24 regions to hold PSUs, with 2 of them being the Serang election and the Mahakam Ulu election.
In its decision, the Court disqualified Mahakam Ulu Regent and Deputy Regent candidate pair number 3, namely Owena Mayang Shari and Stanislaus Liah. Thus, the duo of Owena and Mayang could not participate in the Mahakam Ulu re-election.
In its legal considerations, the Court argued that there had been a political contract between the Owena-Mayang duo and the heads of RT and RW in Mahakam Ulu.
According to Constitutional Judge Saldi Isra, the political contract made by Owena-Mayang with the heads of RT and RW was not an ordinary political promise, but a form of violation committed TSM.
Meanwhile, in the Serang election, the Court said that Minister of Villages, Development of Disadvantaged Regions, and Transmigration Yandri Susanto was proven to have carried out and attended activities that directed village heads to support the candidate pair for Serang regent number two, Ratu Rachmatuzakiyah. Ratu is Yandri’s wife.
One of the events attended by Yandri and his wife was the branch work meeting (Rakercab) of the All Indonesian Village Government Association (APDESI) of Serang Regency at the Marbella Anyer Hotel on October 3, 2024.
During the event, it was found that the village heads supported candidate pair number two.
Therefore, the Court ordered the General Election Commission of Serang Regency to conduct re-voting in all polling stations in Serang Regency.
This article was published on Tempo.co with the title “Perludem: PSU Order in Serang Regional Election Sets Good Precedent in Proving TSM”, https://www.tempo.co/politik/perludem-perintah-psu-di-pilkada-serang-jadi-preseden-baik-dalam-pembuktian-tsm-1213020