Tiered recap regulation in the presidential elections (pilpres), determined in Article 131 to Article 156 Act 42/2008 about Presidential elections (UU Pilpres) is condemned to disadvantage voters and participating candidates.

Several citizens applied for Judicial Review over the ruling regulation. During the presidential elections, the four-tier recap enforced, through namely District, Region, Province, and National level, while during legislative elections, it happened in five-tier recap, putting sub-district as add-on. “The whole system generates problems to the voters and the contestant, due to the violated ballots in each level of recap,” Attorney Arvid said, at MK Plenary room, Jakarta, Tuesday (9/2).    

Inflated votes proved that there were money involvement within the recap in each level. Moreover, the usage of unauthentic document turned recap certificate during the tiered recap emerged legal uncertainty.

Duplicating document into certificate in each level, is seen to prompt faking in each tier. Besides, tiered recap required more logistics and massive committees. “Tiered process spent more time to month, fluid condition in the society also affected negatively to business environment,” he said.

Justices’ Advice

In response to the request, Panel of Justices led by Justice Patrialis Akbar suggested the Plaintiff to revise their substance. Justice Ahmad Fadlil Sumadi also asked Plaintiff to break down the argumentation. “There is only pronunciation matter, whether it would be granted it is a matter of how you argue,” he said  

Patrialis also suggested the Plaintiff to explain the constitutional loss and their legal standing. (Lulu Hanifah/mh/kun)