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Marhumah Majid as attorney of the Makassar Municipal Election Commission giving the Respondent\'s answer at the hearing on the dispute over the Regional Election Results on Wednesday (1/8) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

Voters voting the empty column in the 2018 Makassar Regional Election was not due to directive to harm the candidate pair, but the voters\' own choice. If the cancellation of the empty column is carried out, it would violate the constitutional rights of the voters who have expressed their aspirations. This was conveyed by Marhumah Majid, attorney of the Makassar Municipal Election Commission (KPU) in submitting the Respondent\'s response in a follow-up hearing on the Makassar Municipal Election Resolution (PHP) case which was held on Wednesday (1/8) in the Plenary Courtroom of the Constitutional Court. The case filed by the Makassar Mayor and Deputy Mayor Candidate Pair Number 1 Munafri Arifuddin and Andi Rachmatika Dewi Yustitia Iqbal was led by Chief Justice of the Constitutional Court Anwar Usman accompanied by Constitutional Justices I Dewa Gede Palguna and Wahiduddin Adams. 

The Makassar Municipal Panwas (Elections Supervisory Committee) represented by Adnan Jamal stated that alleged violations committed by the Respondent that were structured, systematic, and massive due to ASN involvement could not be considered accurate. "Basically, the problem has been resolved in accordance with the procedure in the elections. So, this is not the authority of the Court," Adnan said of case No. 31/PHP.GUB-XVI/2018. 

Regarding case No. 30/PHP.GUB-XVI/2018, the Makassar Municipal KPU as Respondent stated that the cancellation of Candidate Pair Number 1 in the 2018 Makassar Regional Election was procedurally valid because it was carried out in stages. "So, with the decision, [the Petitioners] do not have constitutional right as candidates for 2018 Makassar Mayor and Vice Mayor," he explained. 

As for case No. 2/PHP.GUB-XVI/2018, Marhumah conveyed the Respondent\'s response to the petition filed by Achmad Faisal Andi Sapada and Asriady Samad as Candidate Pair Number 2 in the 2018 Parepare Governor and Vice Governor Election. Marhumah explained that the argument of the Petitioners\' objection regarding administrative violation, additional voters, and opening of ballot boxes are the authority of the Supervisory Committee (Panwas) and other authorities. "So, according to the Respondent, it was not the authority of the Constitutional Court," he explained. 

Unsealed Ballot Boxes 

Zainal Asnun, representative of the Parepare Municipality Panwas, affirmed his statement about the alleged violation of unsealed ballot boxes. However, it was not pursued as a criminal offense because based on the results of the Panwas investigation it was an administrative violation whose settlement was carried out by the organizers of the Regional Election. 

Loss in Election

In the same session, the Constitutional Court also held a hearing on the Dispute over the Results of the Regional Head Election of the Regent and Vice Regent of Konawe District. The Relevant Party in case 54/PHP.BUP-XVI/2018 through Muhammad Ikbal mentioned the Petitioners\' argument in not acknowledging the validity of the results of the 2019 Konawe District Regional Election recapitulation and requesting the disqualification of Candidate Pair Number 4 without explanation of the reason was considered unacceptable. "It is not reasonable that the Petitioners challenged this matter. Therefore, it shows [the Petitioners not wanting to admit] defeat in the regional election," explained Ikbal. 

The Konawe District Panwas represented by the Southeast Sulawesi Bawaslu Chairman Hamiruddin Udu outlined several matters related to the 2018 Konawe District Election oversight report. Panwas confirmed the report on the Respondent\'s actions in not carrying out the state administrative court verdict that had permanent legal force. However, due to not fulfilling the formal and material requirements, both in relation to the report and the description of the event, the report could not be registered by the Panwas as a form of violation. In addition, Hamiruddin added, regarding the validity of the plenary meeting which was deemed invalid by the Petitioners, Panwas explained that every plenary meeting was attended by 4 people and a chairperson. "So, the decision by the KPU is valid in accordance with the laws and regulations," he explained. 

Verification Carried Out

Meanwhile, Case 63/PHP.BUP-XVI/2018 filed by Candidate Pair Number 1 of 2018 Regent and Vice Regent of Dairi District Depriwanto Sitohang and Azhar Bintang requested that Eddy Keleng Berutu and Jimmy Andrea Sihombing be disqualified due to administrative irregularities related to Letter of Diploma Substitution from one half of the Candidate Pair Number 2. Iqbal Tawakkal Pasaribu as attorney explained that his party had verified the diploma. "We have found that it is true that the school concerned is in accordance with the place where the diploma was issued. As for the different birthplaces, it has been clarified that that the candidate in question was born in Dolog Hilir and there was a difference in the name on the diploma, but only in the abbreviation of the name. So, the diploma issue is not the authority of the Constitutional Court," Iqbal said. (Sri Pujianti/LA/Yuniar Widiastuti)

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