After a vote recount was decided on, finally the Constitutional Court (MK) ordered the General Election Commission (KPU) to hold a revote at 30 polling stations (TPS). Such is the interlocutory decision No. 61/PHP.BUP-XVI/2018 read by Chief Justice of the Constitutional Court Anwar Usman on Wednesday (26/9) in the Plenary Courtroom of the Constitutional Court.

In the interlocutory decision, the Panel of Constitutional Justices stated that the documents for the 2018 Election of South Central Timor District Regent and Deputy Regent, that is, the original Hologram C1-KWK Model Form as stipulated in the legislation at 30 polling stations, were incomplete and inauthentic, so the validity of the votes could not be guaranteed. This drove the Constitutional Court to overturn the South Central Timor District Election Commission\'s Decision No. 19/HK/Kpt/5302/KPU-Kab/VII/2018 on the Determination of the Recapitulation of the Vote Count Results of the 2018 South Central Timor Regent and Deputy Regent Election dated July 8, 2018 insofar as concerned with the votes at 30 polling stations: TPS 2 of Pollo Village, South Amanuban Sub-district; TPS 1, 2, 3 and 4 of Fenun Village, TPS 4 of Kualeu Village, TPS 1 and 2 of Lanu Village, TPS 3 of Anin Village, TPS 2 of Fae Village, South Amanatun Sub-district; TPS 4 of Boentuka Village, Batu Putih Sub-district; TPS 1 of Nefokoko Village and TPS 1 of Halme Village, North Mollo Sub-district; TPS 1 of Koa Village and TPS 1 of Oeluban Village, West Mollo Sub-district; TPS 1 of Leonmeni Village, Boking Sub-district; TPS 4 of  Nunusunu Village, Kualin Sub-district; TPS 1 and 2 of Besleu Village, Fautmolo Sub-district; TPS 1 of Tesiayofanu Village, TPS 1, 2 and 3 of Fatu Ulan Village, TPS 1, 2, 3, and 4 of Falas Village, Ki’e Sub-district; as well as TPS 3 of Minesatbubuk Village, TPS 1 and 2 of Laob Village, Polen Sub-district.

"Orders the General Election Commission of South Central Timor District to re-vote on the 2018 Election of South Central Timor District Regent and Deputy Regent in 30 polling stations," Justice Anwar said reading the ruling of the petition filed by Candidate Pair 2 Obed Naitboho-Alexander Kase.

The Constitutional Court also ordered the re-vote to be held no later than 30 (thirty) days after the verdict was pronounced and ordered the General Election Commission of South Central Timor District to be supervised by the General Election Commission of East Nusa Tenggara Province and the General Election Commission in the re-election of the 2018 Election of South Central Timor District Regent and Deputy Regent.

In the legal considerations read by Constitutional Justice Enny Nurbaningsih, referring to the reports by the Respondent, Bawaslu, and the Relevant Party\'s statement, as well as the response of the Petitioners related to the recounting of 921 polling stations in the 2018 Election of South Central Timor District Regent and Deputy Regent, the Respondent reported that in the vote re-count that had been carried out in accordance with the order of the Constitutional Court in the Decision No. 61/PHP.BUPXVI/2018, where 30 polling stations were found out not having complete documents, namely the original hologram C1-KWK Model Form or the C1 Model Form. She added that even though the Respondent reported that there had been no change in the number of votes before and after the re-count, it did not necessarily confirm that there had been no manipulation. According to the Court, she added, the assessment of the validity of the number of votes obtained is not only at the time of re-count, but more crucially during the voting itself. Therefore, the Respondent\'s explanation with respect to no changes in the vote results must be disregarded.

"The legal facts above reflect that the voting process in 30 polling stations was carried out not in accordance with the provisions of the legislation so that the validity of the voting results in 30 polling stations cannot be guaranteed. Considering the validity and completeness of 141 original hologram C1-KWK Model Forms and C1 Model Forms, the original hologram is the only legal instrument to assess the validity and authenticity of voting for a voter, so there is no choice for the Court to return the right of democracy for voters who have the right to vote in these 30 polling stations to be [protected] other than re-vote in the 30 polling stations as stated in this decision," said Justice Enny. (Arif/LA/Yuniar Widiastuti)