A supporter of the relevant party prostrating for gratitude after the ruling pronouncement of the 2018 Mimika Regent Election Results Dispute (PHP), Monday (17/9) in the Plenary Courtroom of the Constitutional Court. Photos by Humas MK/Gani.
The Constitutional Court (MK) dismissed the petition by Candidate Pair Number 2 Robertus Waraopea and Albert Bolang in the case No. 51/PHP.BUP-XVI/2018 on the 2018 Mimika Regent Election Results Dispute (PHP).
"The verdict adjudicated, declares the Petitioners’ petition not accepted," said Chief Constitutional Justice Anwar Usman along with the other constitutional justices in the pronouncement hearing on Monday (17/9/2018).
Based on Aggregate Population Data per District (DAK2) of Semester I of 2017 from the Ministry of Home Affairs to the General Election Commission (KPU), the population of Mimika Regency is 306,517 people so that the vote margin between the Petitioners and the Relevant Party (Candidate Pair Number 6 Eltinus Omaleng and Johannes Rettob) was at the most 1.5% of the total valid votes of the final vote count determined by the Mimika Regency KPU.
The Petitioners acquired 16,033 votes, while the Relevant Party acquired 60,513 votes. Therefore, the vote margin between them is 44,480 votes or equivalent 24.34%. Therefore, according to the Court, the Petitioners did not meet the requirements for submitting a petition as referred to in Article 158 of the Regional Election Law and Article 7 of the Constitutional Court Regulation Number 5/2017.
"Therefore, the Petitioners do not have the legal standing to petition the a quo case. Therefore, the exceptions of the Respondent and the Relevant Party that the Petitioners do not have a legal standing is legally reasonable," said Deputy Chief Constitutional Justice Aswanto who read out the opinion of the Court.
Meanwhile in the case of the 2018 Mimika Regency PHP for Case No. 53/PHP.BUP-XVI/2018, filed by Candidate Pair Number 4 Hans Magal and Abdul Muis, the Court also decided to dismiss the petition because the Petitioners did not have a legal standing.
"The votes [acquired by] the Petitioners were 53,943, while [that] of the Related Party were 60,513 votes, so the vote margin […] was 6,570 votes (60,513 votes reduced by 53,943 votes) or equivalent to 3.6%," said Constitutional Justice Manahan M. P. Sitompul who read out the opinion of the Court.
In the same hearing, the Court also decided to dismiss the petition for the 2018 Mimika Regency PHP for Cases No. 52, 67, 68/PHP.BUP-XVI/2018 because of the lack of legal standing. (Nano Tresna Arfana/LA)
Translated by: Yuniar Widiastuti
Tuesday, September 18, 2018 | 09:10 WIB 111