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Principal Applicants Faigiasa Bawamenewi and Applicants’ Attorneys Kores Tambunan, M Raja Simanjuntak, and Munafrizal attended verdict announcement session, on Thursday (21/1) in Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The Constitutional Court (MK) declared eight North Sumatra dispute lawsuits didn’t fulfill vote margin requirement which based on population number. Therefore, the lawsuits were inadmissible, the Court added. Chief Justice Arief Hidayat declared the verdict with eight Constitutional Justices in verdict announcement session, on Thursday (21/1), in Plenary Room, the Constitutional Court Building.

The lawsuits were South Nias (Case No. 19/PHP.BUP-XIV/2016), Humbang Hasundutan (Case No. 36/PHP.BUP-XIV/2016 and Case No. 38/PHP.BUP-XIV/2016), Nias (Case No. 52/PHP.BUP-XIV/2016), South Labuhanbatu (Case No. 74/PHP.BUP-XIV/2016), North Nias (Case No. 104/PHP.BUP-XIV/2016), Labuhanbatu (Case No. 114/PHP.BUP-XIV/2016), and Samosir (Case No. 128/PHP.BUP-XIV/2016)

“Judicial verdict declares grant Respondent’s and Related Party’s exceptions regarding Applicant’s legal standing. Applicant’s lawsuit inadmissible,” said Hidayat.

Regarding South Nias election dispute whose lawsuit filed by candidate pair Idealisman Dachi-Siotaraizokho Gaho, the Court assessed vote margin for South Nias election whose population number 357,571 was 1.5% maximum. The Applicant who gained 41,553 votes had margin 14.40% with the winning pair Duha-Ndruru (Related Party) who gained 48,543 votes.

“Based on the data, maximum vote margin between the Applicant and the Related Party is 1.5% multiplied with 48,543; the result is 728 votes. Whereas vote margin between the Applicant and the Related Party is 6,990 votes (14.40%, ed.). Thus, the margin exceeds the determined margin,” said Constitutional Justice Maria Farida Indrati.

The Court also declared Samosir dispute lawsuit inadmissible under the same reason. The vote margin for Samosir election dispute whose population number estimated at 142,681 was 2%. The winning candidate pair (Related Party) gained 35,907 votes, therefore the margin was 2% multiplied with Related Party’s votes, the result was 718 votes. Whereas the Applicant only gained 14,391 votes, in which the margin was 21,516 votes (59.9%). Based on legal consideration above, according to the Court, the Applicant didn’t fulfill the requirements as stipulated in Article 158 Act No. 8 Year 2015 and Article 6 Constitutional Court Regulation Number 1-5 Year 2015.

Similar with both lawsuits aforementioned, the Court also assessed six lawsuits inadmissible under the same reason; unfulfilled vote margin. Previously, the Court annulled 40 lawsuits under reason passing the filing deadline and lawsuit withdrawal. (Nano Tresna Arfana/Ilham Wiryadi/lul/Prasetyo Adi N)

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