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Election results dispute (PHP) petition of Serang mayor filed by Candidate Pair Number 1 Vera Nurlaela and Nurhasan was declared having the wrong object (error in objecto) by the Constitutional Court (MK), in Decision No. 13/PHP.KOT-XVI/2018 read out by Chief Constitutional Justice Anwar Usman along with the other constitutional justices on Friday afternoon (10/8/2018).

In the petition dated July 5, the Petitioners stated that the object of the petition was the recapitulation minute of the 2018 Serang mayor-vice mayor election vote counting. However, based on Article 157 paragraph (4) of Law No. 10 of 2016 and Article 4 of the Constitutional Court Regulation Number 5 of 2017, the object of petition in the dispute over the results of vote counting in the election of governors, regents, and mayors is "the respondent\'s decree concerning the determination of votes for election results."

Therefore, according the Court, the object of the a quo case should have been the Serang City General Elections Commission (KPU) No. 1296/HK.03.01-Kpt/3673/KPU-Kot/VII/2018 on the Stipulation of the Vote Counting Recapitulation in the 2018 Serang Mayor-Vice Mayor Election dated July 5, 2018 and not the recapitulation minute of the 2018 Serang mayor-vice mayor election vote counting dated July 5, 2018.

"Based on these considerations, according to the Court, the Petitioners\' petition has the wrong object. Therefore, the Court is not authorized to adjudicate the petition of the Petitioners," explained Deputy Chief Constitutional Justice Aswanto, who read out the legal considerations.

Justice Aswanto added that the vote margin between the Petitioner and Relevant Party (Candidate Pair Number 3 Syafrudin and Subadri Usuludin) exceeded the threshold stipulated by Article 158 of Law No. 10 of 2016 and Article 7 of the Constitutional Court Regulation No. 5 of 2017.

Not Accredited Election Observer

In the same hearing, the Court also dismissed the 2018 Central Mamberamo PHP petition No. 59/PHP.BUP-XVI/2018 filed by Saul Mabel (Petitioner I) and five other petitioners. Petitioner I filed the petition as the Central Mamberamo Customary Council Chairman while the other petitioners did as individual voters. All petitioners felt that they had the right to file for the a quo petition as Central Mamberamo residents who would be directly impacted by the elected mayor-vice mayor.

"Based on evidence and facts of the hearing on Thursday, July 26, 2018, Petitioner I was the Chairperson of the Central Mamberamo Customary Council Chairman and Petitioners II through VI are individual Indonesian citizens, not registered domestic election observers that obtained accreditation from the Mamberamo Regency KPU as determined by Article 3 paragraph (1) letter e of the Constitutional Court Regulation Number 6 of 2017," explained Justice Saldi Isra who read out the opinion of the Court.

Therefore, according to the Court, the Petitioners did not have the legal standing to file a petition in the a quo case.

Vote Margin

In the hearing, the Court also dismissed the 2018 Belitung Regency PHP petition No. 24/PHP.BUP-XVI/2018 filed by Candidate Pair Number 2 Hellyana and Junaidi Rachman.

Constitutional Justice Manahan M. P. Sitompul, reading out the legal considerations, stated that the vote margin between the Petitioners and the Relevant Party was 2.78%, while the Belitung Regency KPU declared that it was 2% of the total valid votes of the final vote count. Therefore, the Court believed the Petitioners did not have the legal standing to file the a quo petition.

Similarly, the Court also dismissed the PHP petitions of Sanggau Regency (No. 62/PHP.BUP-XVI/2018), Subang Regency (No. 64/PHP.BUP-XVI/2018), and Pulang Pisau Regency (No. 12/PHP.BUP-XVI/2018) for not meeting the threshold, therefore not having legal standing. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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