(Left to Right) Legal counsels of the Petitioners M. Said Bakhri, Imam Syafii, Munatsir Mustaman, dan Raka Gani raising hands after listening to the ruling hearing of the judicial review of the Sampang Regent and Deputy Regent Election Dispute, Thursday (5/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) ordered the General Elections Commission (KPU) of Sampang District to hold a re-vote for the election of Sampang Regent and Deputy Regent in Decision No. 38/PHP.BUP-XVI/2018 read by Chief Justice of the Constitutional Court Anwar Usman in the presence of the other constitutional justices on Thursday (5/9) afternoon.

In the legal considerations read by Constitutional Justice Suhartoyo, during the hearings the Court found inaccuracies and invalid DP4 data used by the Sampang District KPU as Respondent in determining the DPT (final voters list) of the Sampang District Election in 2018. The Respondent did not use DP4 data sourced from the population data that had been determined by the Ministry of Home Affairs (Directorate General of Population and Civil Registration). However, Justice Suhartoyo added, the Petitioners used DPT data of the 2014 Presidential Election of 805,459 voters as the final voters list, which was then adjusted to the latest population development so that the number of final voters was 803,499.

Justice Suhartoyo explained that the Ministry of Home Affairs had submitted population data as stated in the table of Population per District Aggregate Data (DAK2) to the KPU for Simultaneous Regional Election (Pilkada) in 2018, through Letters No. 470/8641/Dukcapil and No. 43/BA/VII/2017 dated July 31, 2017, on DAK2 Semester I of 2017 as of June 30, 2017 in regions that hold Simultaneous Regional Elections in 2018, that the population of Sampang District was 844,872 inhabitants. Based on these data, Justice Suhartoyo said, the Ministry of Home Affairs determined DP4 as many as 662,673 people who are declared as residents who have the right to vote.

"The results of DPT compilation conducted by the Respondent according to the Court cannot be validated because it is illogical and obscure, because the population of Sampang District based on DAK2 Semester I of 2017 as of June 30, 2017 totaled 844,872, while the DPT was 803,499, meaning the number of permanent voters in Sampang District is 95% of the total population of Sampang District. In other words, 95% of the population of Sampang District are adults. It does not make sense, especially when the ratio of adults to children in the population is not in accordance with the demographic structure of the Indonesian population in general," Justice Suhartoyo explained, reading the decision on the petition by Candidate Pair Hermanto Subaidi-Suparto.

Re-vote

In the decision read by Chief Justice of the Constitutional Court Anwar Usman, the Court stated that the Election of Sampang District Regent and Deputy Regent in 2018 was based on invalid and illogical final voters list (DPT). In addition, the Court ordered the General Elections Commission of Sampang District to carry out a re-vote of the 2018 Election of Sampang District Regent and Deputy Regent based on the revised final voters list.

"Orders a re-vote to be carried out at the latest 60 (sixty) days after this decision is pronounced. Orders the East Java Provincial Election Commission and the General Elections Commission to carry out supervision, as well as the Sampang District Elections Supervisory Agency to conduct strict supervision supervised by the East Java Province Elections Supervisory Agency and the Elections Supervisory Agency," he explained.

In addition, the Court ordered the Sampang District KPU, the East Java Province Elections Supervisory Agency, and the General Elections Supervisory Agency to report the results of the re-vote in writing to the Court not later than 7 (seven) working days after the re-vote is held. (Arif/LA/Yuniar Widiastuti)