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The hearing on dispute over the results of the Regional Head Election (PHP Kada) of Jayapura Regency on Monday (25/9) in the Plenary Hall of the Constitutional Court Building. Photo by PR/Ganie.

The Constitutional Court (MK) held a hearing on the Dispute over the results of the Regional Head Election (PHP Kada)of Jayapura Regency on Monday (25/9). Three candidate pairs for Jayapura Regent and Vice Regent each filed a petition. They are Jansen Monim and Abdul Rahman Sulaiman (Case No. 58/PHP.BUP-XV/2017), Godlief Ohee and Frans Gina (Case Number No. 59/PHP.BUP-XV/2017), as well as Yann and Zadrak Afasyanya (Case No. 60/PHP.BUP-XV/2017).

Candidate Pair No. 5 Jansen Monim and Abdul Rahman Sulaiman claimed that the Jayapura District Elections Commission was not neutral and impartial to the Respondent. Represented by Paskalis Letsois, the Petitioner mentioned the sudden replacement of Polling Station Working Committee (KPPS) chairpersons in 9 polling stations (TPS).

"There was replacement of KPPS chairpersons dated August 22, 2017 at 9 TPS the day before the revote (PSU). This was allegedly aimed at the victory of Candidate Pairs Mathius Awoitauw and Giri Wijayantoro," he said in a hearing led by Constitutional Justice Aswanto.

On the other hand, the revote on August 9 was also considered problematic. Initially the Jayapura Regency Elections Supervisory Committee mandated at least a revote in 236 polling stations in 17 districts. However, later, Jayapura Regency Election Commission increased the number of polling stations that conducted revote to 261. "The problem is, the revote process was not over because 87 polling stations out of 236 have not carried out the revote," Paskalis explained.

Due to that decision, the number of votes for the Petitioner became 11,582. The Respondent obtained 34,630 votes. "The margin of votes was more than 2 percent. However, this case cannot be charged with Article 158 of Law 10/2016. Because the KPU has cheated and was not neutral," said Paskalis.

There Was Structured, Systematic, and Massive (TSM) Electoral Fraud

Meanwhile, Candidate Pair No. 3, Godlief Ohee and Frans Gina accused Candidate Pair No. 2 Mathius Awowitauw and Giri Wijiantoro as Respondent of committing structured, systematic, and massive fraud. Abdul Jabbar as their attorney also mentioned that the fraud was committed in order to bring victory to the Respondent. The Petitioner, said Abdul, received 2,078 votes and the Respondent secured 34,630 votes. "The Respondent intentionally did not conduct a revote so that the Respondent would win. With this action, the margin between the Petitioner and the Respondent was over 2 percent," he said.

Using Old Vote Count Results

Meanwhile, Candidate Pair No. 1 Yann and Zadrak Afasedanya questioned why a revote was not conducted in 87 polling stations although Papuan Province Elections Supervisory Agency (Bawaslu) had mandated it. Then, the Petitioner claimed the Respondent’s votes from the 87 polling stations used the previous vote count results prior to the revote. The Respondent received 29,654 votes from the 87 polling stations. "Logically, this case cannot be changed with Article 158 of Law No. 10/2016 because the regional elections procedure has not been completed, where a revote has not been held," he said.

In the hearing, the Panel of Justices found ambiguity of data. Data of Petitioners of Case No. 58/PUU-XV/2017 and 60/PUU-XV/2017 claimed that a revote had been conducted by KPU in 261 polling stations, while Petitioner No. 59 claimed that KPU had conducted PSU in 229 polling stations. In addition, the mandate of revote from Jayapura Regency Elections Supervisory Committee was considered strange by Constitutional Justice Aswanto. "The mandate must have been clear and firm. A revote must be conducted in a number of polling stations," he said.

In response, the Constitutional Court planned to call the Jayapura Elections Supervisory Committee in the upcoming hearing to confirm the claim.

(ARS/LA/Yuniar Widiastuti)

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