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The Constitutional Court issues interlocutory decision on Mamberamo Raya election dispute (Case Number 24/PHP.BUP-XIV/2016). The Court ordered re-voting on two polling stations in East Memberamo Tengah district and eight polling stations in Rufaer district, as declared by Chief Justice Arief Hidayat in Monday’s session (22/2).

“Orders Mamberamo Raya election commission to conduct re-voting of 2015 Mamberamo Raya regional election in 10 polling stations,” said Arief reading the decision accompanied by eight other Constitutional Justices in Plenary Room, the Constitutional Court Building.

Ten polling stations referred are polling station 1 in Biri village and polling station 2 in Wakeyadi village that located in East Mamberamo Tengah district; and polling station 1, 2, and 3 in Tayai village, polling station 1 and 2 in Bareri village, and polling station 1, 2, and 3 in Fona village that located in Rufaer district.

The Court assessed Mamberamo Raya election commission had done outlaw actions in East Memberamo Tengah district. “The outlaw actions were neglected to deliver C-KWK form, C1-KWK form, and its attachment to candidate pair’s witnesses and to election monitoring committee. Moreover in polling station 1 in Biri village, there was inconsistency on polling stations working committee (KPPS) member’s signature that signed in C1-KWK Plano form with C-KWK form,” said Constitutional Justice Manahan Sitompul reading legal consideration.

The Court also assessed that the election commission (Respondent) had committed intentional violations by not delivering C-KWK, C1-KWK, and its attachment to candidate pair’s witnesses and election monitoring committee, as declared by Constitutional Justice I Dewa Gede Palguna.

Court’s Order to Dismiss the KPPS

The Court assessed Respondent’s actions were contrary to Article 98 (12) Act 8/2015 that stated “The KPPS shall provide one copy of recapitulation minutes and certificate to candidate pair’s witnesses, local election committee (PPL), election committee (PPS), and district election committee (PPK) via election committee and paste one copy of recapitulation certificate in announcement board in each polling station for 7 days.” (“KPPS wajib memberikan 1 (satu) eksemplar salinan berita acara dan sertifikat hasil penghitungan suara kepada saksi pasangan calon, PPL, PPS, PPK melalui PPS serta menempelkan 1 (satu) eksemplar sertifikat hasil penghitungan suara pada tempat pengumuman di TPS selama 7 (tujuh) hari”)

Moreover, the Court assessed the violations occurred in two districts aforementioned were contrary to Article 55 (7) Election Commission Regulation Number 10 Year 2015 regarding regional election and recapitulation that stated “In case the KPPS doesn’t provide one copy of C-KWK form, C1-KWK for, and its attachment as referred in paragraph (4) until the determined time limit, the KPPS will be sanctioned by law,” (“Dalam hal KPPS tidak menyampaikan 1 (satu) rangkap salinan formulir Model C-KWK, Model C1-KWK dan lampirannya sebagaimana dimaksud pada ayat (4) sampai batas waktu yang ditetapkan, akan dikenakan sanksi sebagaimana diatur dalam peraturan perundang-undangan”).

The Court also ordered Mamberamo Raya election commission to dismiss and replace polling stations working committee members and its commissioners of ten polling stations referred. The Court assessed the members and commissioners couldn’t perform their functions well.  

In previous sessions, candidate pair Demianus Kyeuw Kyeuw and Adiryanus Manemi (Applicant) filed lawsuit challenging the winning of candidate pair Dasinapa-Britai (Related Party). The Applicant only lost 149 votes behind the Related Party. The Applicant protested unequal form of polling stations working committee member’s signature in C-1 form. “We are sure that the number of vote recapitulated is the same because the document is the same. But the signature form is different. We suspicious it is fake signature,” said the Applicant. (Arif Satriantoro/lul/Prasetyo Adi N)

 

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