Unfulfilled Vote Margin, the Court Annuls Eight Dispute Lawsuits
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Constitutional Justices left Plenary Room after reading dispute settlement verdicts, on Monday (25/1). Photo PR/Ifa

 

 

 

The Constitutional Court annulled eight election dispute lawsuits due to unfulfilled vote margin as regulated in Article 158 Act No. 8 Year 2015 and Article 6 Constitutional Court Regulation No. 1-5 Year 2015. Chief Justice Arief Hidayat declared the verdicts on Monday (25/1) in Plenary Room, the Constitutional Court Buiding. The lawsuits were Ogan Komering Ulu (No. 77/PHP.BUP-XIV/2016), Taliabu Island (No. 16/PHP.BUP-XIV/2016), Limapuluh Kota (7/PHP.BUP-XIV/2016), South Minahasa (No. 37/PHP.BUP-XIV/2016), Situbondo (No. 64/PHP.BUP-XIV/2016), Kapuas Hulu (No. 132/PHP.BUP-XIV/2016), Supiori (No. 13/PHP.BUP-XIV/2016), and Kepatang (No. 145/PHP.BUP-XIV/2016) lawsuits.

Regarding Limapuluh Kota election dispute lawsuit, the Court explained that vote margin for Limapuluh Kota election whose population number estimated at 366,169, was 1.5%, as regulated in Article 6 Constitutional Court Regulation Number 1-5 Year 2015. The most vote candidate pair gained 50,733 votes, while the Applicant only gained 37.940 votes.

“Based on the data, maximum vote margin was 1.5% of 50,733 votes which equal to 761 votes. Whereas, vote margin between the Applicant with the Related Party (the most vote candidate pair, ed.) is 12,973 votes or 25.22% which exceeds the determined margin. Based on legal consideration aforementioned, the Applicant doesn’t fulfill requirements as regulated in Article 158 Act Number 8 Year 2015 and Article 6 Constitutional Court Regulation No. 1-5 Year 2015,” said Constitutional Justice Sitompul.

Therefore, according to the Court, Respondent’s and Related Party’s exceptions regarding Applicant’ legal standing, had legal grounds. “Hence Respondent’s and Related Party’s exceptions regarding Applicant’s legal standing have legal grounds, thus Applicant’s lawsuit points, as well as other exceptions from the Respondent and the Related Party are not taken into consideration,” explained him.  

The Court also declared similar verdict to seven other lawsuits which declared in session 1; the lawsuits didn’t fulfill vote margin requirements that based on population number. Today’s session is the fourth verdict announcement session. In previous session, Justice Panel annulled 88 lawsuits due to various reasons; passing the deadline, unfulfilled vote margin, and lawsuit withdrawal. (Lulu Anjarsari/lul/Prasetyo Adi N) 


Monday, January 25, 2016 | 16:47 WIB 130