Yusril Ihza Mahendra and Refly Harun as Legal counsels of the Petitioners participating in the election results dispute (PHP) hearing of Makassar Municipality, Friday (27/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
Makassar Mayor and Deputy Mayor Candidate Pair Munafri Arifuddin and Andi Rachmatika Dewi Yustitia Iqbal (Number 1) filed an election results dispute (PHP) of Makassar Municipality to the Constitutional Court (MK) opposing empty boxes. In the preliminary hearing held on Friday (27/7), legal counsel Muhammad Rullyandi explained that based on the determination of the vote count results by the Makassar Municipality KPU (Respondent) the Petitioner received 264,245 votes and the blank boxes reached 300,795 votes. Based on this, the Petitioners was ranked second. However, the correct vote count according to the Petitioners was 264,245 votes for Candidate Pair Number 1 and zero blank boxes. According to the Petitioners, Koko\'s vote must be declared invalid because it was obtained by violating the provisions of the existing law.
In addition, the Petitioners also argued about violation committed by Moh. Pamonto Ramdhan and Indira Mulyasari Paramastuti Ilham, who were disqualified. The Petitioners claimed the incumbent pair did not do justice to the candidates who participated in the election. The Petitioners also argued that structured, systematic, and massive violations was further aggravated by the attitude of the election organizers, namely the Elections Supervisory Committee (Panwaslu) and the Makassar Municipality Elections Commission (KPU) who were unprofessional and tended to show partiality in the empty boxes thus leaving dozens of issues that have not been fairly resolved in accordance with the law.
The other legal counsel Yusril Ihza Mahendra also said that initially there were two candidate pairs in the Makassar Municipality Election. However, along the way, Candidate Pair Number 2 was disqualified. "Ramadan is a running incumbent, so such happened in Makassar Municipality. If a candidate pair was up against an empty box, the empty box was assumed to be passive. It was unthinkable for the legislators that disqualified candidates might take active action by returning their roles actively as happened in the Makassar Municipality Election. Here there is a legal vacuum, where the legislators did not think about the issue of empty boxes," Yusril explained while reading the review of the petition Number 31/PHP.GUB-XVI/2018.
For this reason, through the petitum, the Petitioners requested that the Court declare the Petitioners to have received the most votes in the election of Mayor and Deputy Mayor of Makassar Municipality in 2018.
Disqualified
Meanwhile, Candidate Pair Number 2 of Makassar Mayor and Deputy Mayor Moh. Ramdhan Pamonto and Indira Mulyasari Paramastuti Ilham also challenged the results of the Makassar Municipality Election in 2018. The Petitioners considered the action of the Makassar Municipality KPU, not involving the Petitioners in the voting process which resulted in legal disputes including the a quo dispute, legally flawed. Thus, the application of the percentage limit for filing a petition cannot be applied in the a quo case. This was conveyed by M. Nursal as legal counsel of case No. 30/PHP.GUB-XVI/2018 to the panel of justices led by Chief Justice of the Constitutional Court Anwar Usman.
Furthermore, while reading the subject matter, Refly Harun explained that the flaw of the Decree on the Vote Results of the 2018 Election of Makassar Municipality Mayor and Deputy Mayor led to the legal reasoning of the Petitioners’ vote results deemed null and void or revoked by law.
After conducting research on the nomination requirements for the Petitioners and declaring them eligible as candidates for the 2018 Makassar Municipality Election through Makassar Municipality KPU Decision No. 35/P.KWK/HK.03.1.Kpt/7371/KPU-Kot/II/2018 concerning the Determination of Candidates Pairs for 2018 Makassar Mayor and Deputy Mayor dated February 12, 2018, the candidates for Makassar Municipality Election were: Munafri Arifuddin and Rachmatika Dewi Yutitia Iqbal (Candidate Pair Number 1) and Mohammad Ramdhan Pomanto and Indira Mulyasari Paramastuti Ilham (Candidate Pair Number 2).
In response to the decision, Refly added, Candidate Pair Number 2 submitted a petition for Revocation of the Decision of Makassar Municipality 35/P.KWK/HK.03.1-Kpt/7371/KPU-Kot/II/2018 to Makassar Municipality Panwaslih. The reason is, as incumbent Candidate Pair Number 1 has violated Article 71 paragraph 3 juncto paragraph (5) of Law No. 10/2016, their candidacy should be canceled. However, the problem continues to unfold up to the Makassar Municipality Administrative Court. Furthermore, this case arrived at the Makassar Municipality Panwaslih, who then ordered the Makassar Municipality KPU (Respondent) to follow up on Decision No. 002/PS/PSWL.MKS.27.01/IV/2018 that the Petitioners did not violate Article 71 paragraph (3) of Law No. 10/2016. The decision ordered that the Respondent include the Petitioners as candidate pair for the Makassar Municipality Mayor and Deputy Mayor 2018 Election. However, the Respondent did not comply with the decision. Even the Makassar Municipality Panwaslih did not sign the minute of sample ballots as a form of statement that the Respondent had committed a legal violation.
Regarding the dispute, the Indonesian Bawaslu affirmed that the decision of the Makassar Municipality Bawaslih must be held 3 days after the decision had been read. However, the Respondent did not implement the decision. "This makes it even clearer that the Respondent\'s action not only has impaired the constitutional rights of the Petitioners, but also violated the laws and regulations. And it is very clear that the Petitioners were not included as participants in the election of Makassar Municipality 2018 Mayor and Deputy Mayor Election. Even though the Petitioners have a legal standing as election participants based on Decision No. 002/PS/PSWL.MKS.27.01/IV/2018," said Refly.
Violations
On the same occasion, Achmad Faisal Andi Sapada and Asriady Samad as Candidate Pair Number 2 in the 2018 Election of Regional Heads of Governor and Deputy Governor of Parepare Municipality also filed for the case of Parepare Municipality Election Results Dispute No. 2/PHP.GUB-XVI/2018 through Nurdiansah as legal counsel pointed out several violations found in the implementation of the 2018 Parepare Municipality Election, among which is open ballot boxes found at 17 polling stations (TPS). So, Nurdiansah explained, it would be appropriate and legal after the Respondent discovered the situation to carry out revote (PSU). However, until this petition was registered, there has been no follow-up action by the Parepare Municipality KPU.
In addition, a massive violation was also found by the Petitioners in 2 sub-districts, allegedly carried out by Candidate Pair Number 1 by increasing the number of votes. Not only that, Nurdiansah added, Candidate Pair Number 1 also directed voters to use their voting rights more than once.
"Based on the vote count, according to the Petitioners, M. Taufan Pawe and Pangerang Rahim (Candidate Pair Number 1) obtained 28,752 votes while the Petitioners obtained 38,108 votes, with a total of 66,860 votes. Thus the Petitioners is ranked first in the voting result," said Nurdiansah.
Before concluding the hearing, Chief Justice of the Constitutional Court Anwar urged the Relevant Party and the Respondent to submit their statements by Tuesday, July 31 at 10.00 a.m. at the latest to the Registrar\'s Office so that the next session can be scheduled for Wednesday, August 1, 2018 at 09.00 a.m. (Sri Pujianti/LA/Yuniar Widiastuti)
Friday, July 27, 2018 | 19:43 WIB 262