---

The opening of the ballot boxes of the North Maluku Governor and Deputy Governor Election Results Dispute witnessed by the parties in the follow-up hearing on Wednesday (5/9) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) held a follow-up hearing on the North Maluku Governor and Deputy Governor Election Results Dispute (PHP) on Wednesday (5/9). The fourth hearing of case No. 36/PUU-XVI/2018 was held to hear statement from the Elections Commission (KPU) regarding the opening of ballot boxescontaining the ATb-KWK and C7-KWK Model Forms as well as statement from the Director General of Population and Civil Registry and the Head of North Maluku Provincial Population and Civil Registry Office on the six problematic villages.

In the hearing, the North Maluku Provincial KPU as Respondent reported the results of the ballot box opening in order to retrieve the ATb-KWK and C7-KWK Model Forms for West Taliabu Subdistrict of Taliabu Island District and Sanana Subdistrict of Sula Islands District, North Maluku Province according to order by the Constitutional Court in the hearing on August 20, 2018. Ali Nurdin as the Respondent\'s legal counsel explained about the ballot box opening for the 2018 North Maluku Province Governor and Deputy Governor Election for the retrieval of ATb-KWK and C7-KWK Model Forms for West Taliabu and Sanana Subdistricts, which was held on Saturday, September 1, 2018 at 09.00–16.00 WIT at the North Maluku Provincial KPU Office.

Ali said that the ballot box opening found 19 ATb-KWK Model Forms in the West Taliabu Subdistrict of Taliabu Island District from 24 polling stations. The ATb-KWK Model Forms, he continued, was not found in the ballot boxes at 5 polling stations, namely TPS 1 in Pancoran Village, TPS 2 in Pancoran Village.

"As for the C7-KWK Model Forms, there are 22 forms, and no C7-KWK Model Forms were found in the ballot boxes of 2 polling stations, namely TPS 1 in Talo Village and TPS 2 in Kawalo Village," Ali explained before the panel of justices led by Chief Justice Anwar Usman.

In addition, Ali said that in Sanana Subdistrict of Sula Islands District, of the 50 polling stations there were 46 ATb-KWK Model Forms, where no ATb-KWK Model Form was found in the 4 ballot boxes, namely TPS 3 Fatce Village, TPS 7 Fogi Village, TPS 2 Waipa Village, and TPS 4 Waipa Village. As for the C7-KWK Model Forms there are 49 C7-KWK Model Forms, and no C7-KWK Model Forms were found in 1 TPS, namely TPS 3 Fogi Village.

Regarding the report, the panel of justices ordered the opening of ballot boxes containing the ATb-KWK Model Forms and the C7-KWK Model Forms. The panel of justices along with the Petitioners, Respondents, Relevant Party, North Maluku Provincial Bawaslu, and the Indonesian Bawaslu matched some data with the DPTb Forms with the C7-KWK Model Forms.

North Halmahera

In the hearing, the Director General of Population and Civil Registry of the Ministry of Home Affairs Zudan Arif Fakrulloh said that the six villages questioned by the Governors and the Deputy Governor Candidate Pair Number 3 Abdul Gani Kasuba-M. Al Yasin Ali as Petitioners are part of North Halmahera District. Previously, the Petitioners argued that six villages in East Jailolo, North Halmahera District had not voted on June 27, 2018. Residents who live in the six villages were reluctant to use their voting rights because the voting locations are not in accordance with their domiciles on their identity cards (KTP), because they are registered as West Halmahera residents in their IDs.

Zudan explained that in relation to the six problematic villages, from the administrative area that have been determined by the Ministry of Home Affairs, the positions of the six villages are in Kao Teluk Subdistrict, North Halmahera District, area code 82.03.22. He explained the need for area codes because it was the basis for the formation of administrative areas.

"So, for example if there is no area code for Jailolo Subdistrict, it means that it is not a subdistrict. Or any name, when it has not appeared in the Regulation of the Home Affairs Minister through an area code as characteristic of region numbering, the region has not been officially designated as an administrative area. Therefore, based on the area code, all residents in the six villages are included in the DP4, the DAK-2 for legislative and presidential elections that will be in North Halmahera District," he said.

In the session, Zudan stressed that government administrators obey the laws and regulations because the system of government administration has been designed accordingly. If the government administrators did not follow, it would result in violation of the Government Administration Law that is fully based on authority.

"So, in this hearing, Your Honor, we also need to say that if a village or sub-district does not have an area code, then it cannot be categorized as an administrative area. So the administration of the government is unlawful, contrary to the Regional Government Law and the Government Administration Law. With this explanation, we hope that we will be able to settle the disputes in these six villages through the hearing in the Constitutional Court," he said. (Lulu Anjarsari/Yuniar Widiastuti)

---