South Buru regent candidate Rivai Fatsey sues Act of Regional Elections. He considers his constitutional rights were detrimental by Article 158 (2) Act No. 8 Year 2015 of Regional Elections. The lawsuit filing provision of 0.5%-2% maximum vote margin is unfair, according to him.

Applicant’s Attorney Dudung Badrun delivered lawsuit arguments in preliminary session of Case No. 18/PUU-XIV/2016. The Applicant assessed regent candidate number 2 committed frauds to gather votes.

According to the Applicant, the incumbent’s winning was achieved by civil servant mobilization and massive money politics. “Therefore, we assess that Article 158 (2) contrary to Article 28D (1) the 1945 Constitution,” said Dudung in Wednesday’s (24/2) session, in Plenary Room, the Constitutional Court Building.

Moreover, the Applicant also concerned on Article 7 letter t Act of Regional Elections which obliged civil servants to resign from their post prior to run regional head candidacy. The Applicant, who was a civil servant, argued that the provision will make him lost livelihood if he didn’t elected in South Buru election. On that basis, he assessed the Article contrary to Article 27 (1) and (2) the 1945 Constitution. “This provision obviously harms Applicant’s constitutional rights,” Dudung added.

The Applicant also concerned on Article 157 (5) Act of Regional Elections. He assessed the provision of 3x24 hours for filing election result objection was irrelevant because it didn’t consider Indonesian geographical condition. “Transportation access in evenly accessible (throughout Indonesia, ed),” he added.

Obscure Petition

Responding the petition, Constitutional Justice Manahan Sitompul assessed the petition was obscure because a lot of errors found in its format and substance. “A lot of errors found in its format. For example, it is written in the petition that Article 7 letter t is reviewed, but in other part it is written Article 7 letter s,” said him.

Regarding Applicant’s legal standing, Manahan questioned the relation of Applicant’s position as regent candidate with the petition because 2015 regional election was already over. “Are you willing to run candidacy for the next regional election?” added him.

Chief Justice Arief Hidayat said the substance of the petition which concerned on Article 157 Act of Regional Elections was incorrect, because Applicant’s argument saying the provision of 3x24 time limit considered too short was empirical. “If you concern on geographical condition and transportation access, Papuan people have more limited access. However, they don’t bother with that provision,’ said him. (Arif Satriantoro/lul/Prasetyo Adi N)