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Petitioners, Deputy Regent Alexander Kasey and Secretary of the Winning Team Melky Unbanunaek, seen congratulating legal counsel Syamsudin after ruling hearing in the case of the 2018 South Central Timor District Regent Election Dispute, Wednesday (29/8) in the Plenary Courtroom of the Constitutional Court. Photos by Humas MK/Ganie.

The Constitutional Court (MK) ordered the South Central Timor District Elections Commission (KPU) to recount the voting results of the 2018 South Central Timor District Regent and Deputy Regent Election. Such was the Decision No. 61/PHP.BUP-XVI/2018 read by Chief Justice of the Constitutional Court Anwar Usman on Wednesday (29/8).

"Orders the General Elections Commission of South Central Timor District to recount the votes of the 2018 South Central Timor District Regent and Deputy Regent Election at the South Central Timor District KPU by matching the original hologrammed C1-KWK forms with the original hologrammed C1 Plano-KWK forms, witnessed by witnesses of the Petitioners and Relevant Party before the South Central Timor District Election Supervisory Committee," said Chief Justice of the Constitutional Court Anwar Usman when reading the decision.

The Court, Justice Anwar added, ordered a vote recount to be carried out at the latest 14 (fourteen) days after the verdict was pronounced. In addition, the Court ordered the South Central Timor District KPU to be supervised by the East Nusa Tenggara Province Elections Commission and the General Elections Commission in the recount of the 2018 South Central Timor Regent and Deputy Regent Election. The Court also ordered that the South Central Timor District Supervisory Committee conduct supervision supervised by the East Nusa Tenggara Province Election Supervisory Agency and the Elections Supervisory Agency in the vote recount of the 2018 South Central Timor Regent and Deputy Regent Election.

"Orders the South Central Timor General Election Commission, the East Nusa Tenggara Provincial Election Commission, and the General Elections Commission each to report to the Court regarding the results of the recount in the vote recount of the 2018 South Central Timor Regent and Deputy Regent Election at the latest 3 (three) working days after the vote recount is carried out," Justice Anwar said reading out the Decision of the petition submitted by Candidate Pair Number 2 Obed Naitboho-Alexander Kase.

Vote Margin

In the petition, the Petitioners conveyed objection to the South Central Timor District Election Commission Decree No. 19/HK/KPT/5302/KPU-KAB/VII/2018 on the Determination of the Recapitulation of the Vote Count Results of the 2018 South Central Timor Regent and Deputy Regent Election stipulated on July 8, 2018. The Petitioners challenged the vote margin obtained by the Petitioners, which was calculated by the Petitioners based on a different copy of the C1-KWK Form from the results of vote count conducted by the Respondent. According to the Petitioners, the South Central Timor District KPU had committed fraud during the South Central Timor Regent and Deputy Regent Election by increasing the votes for the Relevant Party and reducing the votes for other candidate pairs, including those of the Petitioners until the plenary meeting of vote recapitulation for the 2018 South Central Timor Regent and Deputy Regent Election.

In the opinion of the Court read by Constitutional Justice Suhartoyo, from the facts of the hearing, the Court found a difference in vote results between the recapitulation done by the Petitioners based on copy of C1-KWK Forms from 921 TPS and that conducted by the Respondent based on the original hologrammed C1-KWK Form conducted by the Respondent.

"Therefore, to obtain valid data and for the sake of legal certainty to be used as a basis for the Court to make a decision in the a quo case, it is considered fair that the Court order the Respondent to recount the recapitulation of the vote count results in the South Central Timor Regent and Deputy Regent Election, considering that in the hearing on August 21, 2018 the Respondent apparently only brought some original hologrammed C1-KWK Forms which were then matched by the Panel of Justices with a copy of the C1-KWK Forms submitted as evidence by the Petitioners and even then there was a difference," Justice Suhartoyo explained.

In addition, Justice Suhartoyo continued, the hearing revealed fact that the vote counting at the TPS did not use the C1 Plano-KWK Form in accordance with the provisions, but it was recorded using other means (such as a blackboard). This made the Court unable to confirm the accuracy of the data even though the Respondent had stated that they had copied the data into the C1 Plano-KWK Forms which could be witnessed by the public.

"This fact further strengthens the Court’s certainty of the importance of vote recount at the District KPU by matching the original hologrammed C1-KWK forms with the original hologrammed C1 Plano-KWK forms, witnessed by witnesses of the Petitioners and the Relevant Party before the District Supervisory Committee," Justice Suhartoyo said. (Arif/LA/Yuniar Widiastuti)

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