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Yann Robert Kobogoyauw as Principal Petitioner after attending the court session on the decision of the case of Dispute on the Results of Election (PHP) of the Regent and Vice Regent of Intan Jaya, Tuesday (29/8) in the Plenary Session Room of the Constitutional Court Building. Photo Humas/Ifa.

The Constitutional Court approved of the whole case of Election Result Dispute (PHP) of Intan Jaya Regent and Vice Regent. The decision Number 54/PHP.BUP-XV/2017 was delivered on Tuesday (29/8) at the Plenary Hall of the Constitutional Court.

"[We] judge and grant the Petitioners\\' petition entirely," Chief Justice of the Constitutional Court Arief Hidayat read out the ruling accompanied by the other Constitutional Justices.

In the ruling, after counting and recapitulating the revote (PSU) results, the Court obtained the following results: Candidate Pairs Number 1 Bartholomeus Similar and Deny Miagoni received 6,167 votes, Number 2 Yulius Yapugau and Yunus Kalabetme (Relevant Party) received 3,395, Number 3 Natalis Tabuni and Yann Robert Kobogoyauw (Petitioners) received 36,883 votes, and Number 4 Tobias Zonngonau and Hermanus Miagoni received 1,856 votes, with a total of 79,301 votes and 36 invalid votes. Therefore, after the revote, the Petitioners’ total vote count exceeded that of the Relevant Party.

In its legal considerations, the Court stated that the Petitioners were Candidate Pair of Regent and Vice Regent in the 2017 Intan Jaya Regional Head Election so they were eligible to apply for an a quo petition. However, the Court required that the petition be based on a maximum 2% vote margin in accordance with the population of Intan Jaya Regency.

"With regard to this matter, the Court will consider after the result of the revote, so the Petitioners’ legal standing will be considered with the principal of the petition," confirmed Constitutional Justice I Dewa Gede Palguna in the presence of the Vice Regent Candidate No. 3 Yann Robert Kobogoyauw as the Petitioner as well as Nahar A. Nasada and another attorney as legal counsels.

In relation to that, the Court stated that disparity was found in the data of the number of valid votes. It was also recognized by the Petitioners during the trial of the Court on May 10, 2017 with the agenda of listening to the Respondent’s response, statement of the Related Party, and validation of evidence. The Respondent explained that the votes of each candidate pairs were correct as was contained in the C1-KWK data, which was uploaded on the website page of the General Elections Commission (KPU) of the Republic of Indonesia, while the other vote report was not true because it had been made under threat, intimidation, and violence intended to the leaders of Intan Jaya KPU.

Based on the description and legal facts, the Court was of the opinion that the determination of the vote count results obtained by the Respondent showed that there was inconsistency that led to doubts of the vote count results. From the explanation, the Respondent himself did not believe in the results he had calculated.

"Therefore, for the sake of validity, accuracy, and synchronization with the final voters list (DPT), considering that the electoral system used is using noken, there was no option for the Court other than to conduct an assessment and recount based on the C1-KWK Form as evidence as filed by the Petitioners and the Respondent in accordance with the legislation, the data was found to be fundamental and original," said Constitutional Justice Suhartoyo.

"Considering that in order to provide legal certainty for government administration in Intan Jaya Regency to be more effective, the final decision against the a quo case is contained in the ruling," read Chief Justice Arief Hidayat.

(Sri Pujianti/Yuniar Widiastuti)

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