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Ruling hearing of the North Maluku Governor and Deputy Governor election case, Monday (17/9) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) ordered a rerun election (PSU) for six villages and two sub-districts in the North Maluku Governor and Deputy Governor Election on Monday (17/9). The six villages required to re-vote are Bobaneigo, Pasir Putih, Tetewang, Gamsungi, Dum-dum, and Akelamo Kao, while the two sub-districts are Sana and West Taliabu.

In the Decision No. 36/PHP.GUB-XVI/2018 read by Chief Justice of the Constitutional Court Anwar Usman, the Court stated that there had been inaccuracies in the preparation of the DPT (final voters list) in six villages as well as violations in two sub-districts in the 2018 North Maluku Governor and Deputy Governor Election. Therefore, he continued, the Court ordered the North Maluku Provincial KPU (Respondent) to do a re-vote in six villages by first making a de facto final voters list in accordance with the valid ID or family card (KK) of each eligible voter, after matching and researching directly. In addition, the Court ordered the Respondent to do a re-vote in Sanana and West Taliabu Sub-districts with improvements in accordance with the provisions of the legislation.

"Orders that the re-voting must be done within a period of 45 (forty-five) days since this decision is pronounced. Orders the KPU RI to supervise the North Maluku Provincial KPU in re-voting the North Maluku Province 2018 Governor and Deputy Governor Election. Orders the North Maluku Provincial KPU to report to the Court regarding the results of the re-election of the 2018 North Maluku Province Governor and Deputy Governor, no later than 7 (seven) working days after the re-voting is held," said Chief Justice Anwar.

Right to Vote Not Used

In the legal consideration read by Constitutional Justice Suhartoyo, the Petitioners argued that there were problems in the six villages where most of the people did not want to exercise their right to vote in the 2018 North Maluku Province Governor and Deputy Governor Election as well as the use of right to vote by unauthorized people in Sanana and West Taliabu Sub-districts.

Through the facts of the hearing, the Court found that eligible voters in six villages did not entirely exercise their right to vote in the 2018 North Maluku Province Governor and Deputy Governor Election. The reluctance of the people to vote is because the six villages which were previously within West Halmahera District are now administratively part of North Halmahera District. The Court also found doubts in the majority voters of the 6 villages because even though they were registered in the Final Voters List (DPT) in North Halmahera District, de facto some still had a West Halmahera ID Card (KTP).

Justice Suhartoyo elaborated during the Court hearing on August 20, 2018 that a Petitioners witness named Abdullah Fara, Head of Bobaneigo Village, denied matching and research in the area where he lived. However, he added, this statement was denied by a Respondent witness named Muhlis Kharie who stated that they had been carried out but not all residents were willing to be verified, and that it was recognized de facto that 2,494 residents had West Halmahera ID or Family Card (KK) and 2,549 other residents have North Halmahera ID cards. Regarding the results of the matching and research, the Respondent continued to determine that all voters in the 6 villages were to be included in the North Halmahera DPT.

Based on these legal facts, Justice Suhartoyo added that the Court did not believe in the validity of the DPT in the 6 villages. Although the Court considered that the Respondent was not entirely wrong in including all 6 villagers in the North Halmahera DPT because indeed the 6 villages are de jure within the administrative area of ​​North Halmahera District. East Jailolo Sub-district where the 6 villages were part of is no longer part of West Halmahera District based on the West Halmahera Regional Regulation No. 6/2016 on the Formation and Composition of Regional Apparatus of West Halmahera District. However, there are legal facts that cannot be ignored that 2,494 residents do not have North Halmahera District ID, or are still using ID cards for West Halmahera District.

"That in order to end this uncertainty, the Court orders re-voting in all polling stations in the 6 villages, by first improving the DPT, which was de facto in accordance with the KTP or KK owned by each voter," Justice Suhartoyo explained.

Whereas with regard to the two sub-districts, the Court also did not believe in the C7-KWK Form and A.Tb-KWK Form in Sanana and West Taliabu Sub-districts presented by the Respondent, so the Court did not believe that the election in the two sub-districts had been carried out in accordance with the law. (Arif/LA/Yuniar Widiastuti)

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