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The Constitutional Court declared ten dispute lawsuits inadmissible on Monday (25/1) evening in Plenary Room, the Constitutional Court Building. The Court assessed the lawsuits didn’t fulfill requirements as regulated by laws.

The lawsuits were Mamuju (No. 6/PHP.BUP-XIV/2016), Konawe Islands (No. 30/PHP.BUP-XIV/2016), North Konawe (No. 75/PHP.BUP-XIV/2016), Kaimana (No. 86/PHP.BUP-XIV/2016), Southwest Maluku (No. 93/PHP.BUP-XIV/2016), North Buton (No. 94/PHP.BUP-XIV/2016), East Seram (No. 111/PHP.BUP-XIV/2016), Wakatobi (No. 117/PHP.BUP-XIV/2016), Manggarai (No. 130/PHP.BUP-XIV/2016), and West Manggarai (No. 133/PHP.BUP-XIV/2016) lawsuits.

Regarding Mamuju candidate pair Bausat-Damris’ lawsuit, the Court assessed Applicant’s vote margin didn’t fulfill 1.5% margin, as determined in Article 158 Act No. 8 Year 2015 and Article 6 Constitutional Court Regulation No. 1-5 Year 2015.

The Court calculated that vote margin between the Applicant with the most vote candidate pair (Related Party) was 39.9%. Considering Mamuju population number estimated at 293,704, vote margin required for the Applicant in filing petition was 1.5%. As known, the Applicant gained 41,159 votes, while the Related Party gained 68,249 votes. Thus, the Applicant exceeded the vote margin.

The Court assessed Applicant’s lawsuit inadmissible because the Applicant considered had no legal standing to file dispute lawsuit.

“Judicial verdict declares grant Respondent’s and Related Party’s exceptions concerning Applicant’s legal standing; Applicant’s lawsuit is inadmissible,” said Chief Justice Arief Hidayat accompanied by eight other Constitutional Justices.

The Court also delivered similar consideration towards nine other dispute lawsuits.

Vote Margin Based on Population Number

Regulation on vote margin percentage for filing lawsuit has linked with population number in which the regional election held. Article 6 (2) Constitutional Court Regulation No. 1-5/2015 regulates vote margin requirement based on population number in regency/city where the regional election held.

Vote margin 2% is determined for city/regency whose population number amounted to 250,000. For city/regency whose population number is 250,000-500,000 and 500,000-1,000,000, the determined margins are respectively 1.5% and 1%. Moreover, the determined vote margin for city/regency whose population number more than 1,000,000 is 0.5%.

Similar regulation also applies to regional election dispute in provincial level, as regulated in Article 6 (1) Constitutional Court Regulation No. 1 Year 2015. (Yusti Nurul Agustin/lul/Prasetyo Adi N)  

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