Tonny Tesar candidate pair number 1 congratulating his supporters after the trial of the ruling on the election result dispute case (PHP) of the Regent and Deputy Regent of Yapen Islands on Thursday (31/8) at the Constitutional Court Building. Photo PR/Ifa.
The Constitutional Court (MK) has decided not to accept the Election Result Dispute case (PHP) of Regent and Deputy Regent of Yapen Islands. The Decision Number 56/PHP.BUP-XV/2017 was made on Thursday (31/8) at the Plenary Hall of the Constitutional Court.
"The verdict judged, the Petitioner\'s petition cannot be granted," stated Chief Justice of the Constitutional Court Arief Hidayat reading out the verdict in the presence of other Constitutional Justices.
In legal consideration, the Court declared that Benjamin Arisoy and Nathan Bonay as Petitioners were in fact Candidate Pair of Regent and Deputy Regent Number 5. However, the Petitioners did not meet the provisions of Article 158 Paragraph (1) of the Regional Election Law, which required a vote count margin of maximum 2% between the Petitioners and the elected candidate pair.
The vote count margin in the election of Regent and Deputy Regent of Yapen Islands Year 2017 between the Petitioner and the Relevant Party was 7.14% or 3,839 votes, with the Petitioners receiving 23,552 votes and the Relevant Party 27,391.
"Considering that based on the above legal considerations, the Court is of the opinion that although the Petitioners are a Candidate Pair of Regent and Deputy Regent in Yapen Islands Regency Year 2017, they do not meet the provision of the petition filing as stipulated in Article 158 of Law 10/2016 so that they do not have legal standing to file a quo case," stated Deputy Chief Justice Anwar.
In the same hearing, the Court also declared that it did not grant the case filed by Candidate Pair Number 4 Simon Atururi and Isak Semuel Woraba. The Court considered that the Petitioners of the case Number 57/PHP.BUP-XV/2017 not have a legal standing to file the petition.
"Judging, in the exception of granting the Respondent and the Relevant Party’s exception regarding the legal standing of the Petitioners. In the principal issue of the case, declaring the Petitioners\' petition cannot be granted," said Arief.
In legal considerations, Constitutional Justice Aswanto stated that the recapitulation result from the revote in all districts showed that the margin between the votes of the Petitioners and the candidate pair receiving the highest votes is 25,803 or 48.03%, with the details Petitioners receiving 1,588 votes and the Relevant Party 27,391 votes.
"Even if the Petitioners are a Candidate Pair of Regent and Deputy Regent in Yapen Islands District of Year 2017, the Petitioners did not meet the provisions of the petition as stipulated in Article 158 of Law 10/2016, so the Petitioners did not have legal standing," Aswanto declared.
(Sri Pujianti/lul/Yuniar Widiastuti)
Thursday, August 31, 2017 | 16:57 WIB 157