The Petitioner, Deiyai Regent Candidate Inarius Douw, and his legal counsels after the ruling hearing of the 2018 Deiyai Regent Election Results Dispute (PHP), Wednesday (12/9) in front of the Plenary Courtroom of the Constitutional Court. Photos by Humas MK/Ifa.

In order to have a certainty over the results of the 2018 Deiyai Regent Election, the Constitutional Court (MK) ordered a revote of the 2018 Deiyai regent-vice regent election in Kapiraya District and Diyai Hamlet 1 of West Tigi District, Deiyai Regency. This was the Constitutional Court Decision regarding the 2018 Deiyai Regent-Vice Regent Election Results Dispute read out on Wednesday (12/9/2018) in the Plenary Courtroom of the Constitutional Court. The case No. 35/PHP.BUP-XVI/2018 was petitioned by Candidate Regent-Vice Regent Pair Number 4 Inarius Douw dan Anakletus Doo.

In the verdict of Decision No. 35/PHP.BUP-XVI/2018 read out by Chief Constitutional Justice Anwar Usman, the Court declared that there were violations in the election that had been done by the noken method at all polling stations (TPS) in Kapiraya District at TPS 1, TPS 2, TPS 3, and TPS 4 of Diyai Hamlet 1 of West Tigi District, Deiyai Regency during the 2018 Deiyai Regent Election. The Court also annulled the Decision of the Deiyai Regency Elections Commission (KPU) No. 19/HK.03.1-Kpt/9128/KPU-Kab/VII/2018 on the Recapitulation of the Voting Results in the Regency in the 2018 Deiyai Regent-Vice Regent Election dated July 8, 2018 on the vote results of all candidate pairs at all polling stations in Kapiraya District and the vote results at TPS 1, TPS 2, TPS 3, and TPS 4 of Diyai Hamlet 1 of West Tigi District, Deiyai Regency. The revote must be done within 45 days since the ruling was pronounced.

"The Court orders the Respondent to conduct a revote at TPS 1 of Mogodagi; TPS 1 of Yamouwitina; TPS 1 of Uwe Onagei; TPS 1 of Idego; and TPS 1, TPS 2, TPS 3, and TPS 4 of Komauto, Kapiraya District; and TPS 1, TPS 2, TPS 3, and TPS 4 of Diyai Hamlet 1 of West Tigi District, Deiyai Regency, which was contested by all candidate pairs in the 2018 Deiyai Regent-Vice Regent Election under the supervision of the Papua Provincial Elections Commission and the General Elections Commission as well as under strict supervision of the Deiyai Regency Bawaslu, supervised by Papua Provincial Bawaslu and the Central Bawaslu," Justice Anwar declared.

Unproven 

In the petition, the Petitioner challenged the votes in the recapitulation in Kapiraya dan West Tigi Districts, which reduced the Petitioner\'s votes. The Petitioner alleged violations by the Respondent and the Relevant Party.

In the legal consideration read out by Constitutional Justice Suhartoyo, the Court stated that the Respondent did not submit written evidence that shows the votes before and after the change in relation to the reduction of the Petitioner\'s votes due to the agreement in Kapiraya District on July 8, 2018, especially recapitulation forms at the polling stations, PPS, and districts. This kept the Court from finding out clues about the case.

Justice Suhartoyo added that the Court could not be certain of any agreement in Kapiraya District on June 20, 2018. Even if it had happened as claimed by the Respondent and the Relevant Party\'s witness. However, the Respondent\'s Ernest Kotouki denied that such an agreement had been made. After the Court examined all evidence and statements, the Court could not be convinced of the data of votes challenged by the Petitioner. In contrast, it led the Court to doubt the validity of the data presented. Therefore, the Court ordered a revote. (Sri Pujianti/LA)

Translated by: Yuniar Widiastuti