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Head of Deiyai 1 Sub-district Marius Ukago (middle) as witness for the petitioners in third hearing of the 2018 Deiyai Regional Head Election Results (PHP) dispute case, Monday (12/11) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court held the third hearing of the Dispute over the Results of the Regional Head Election (PHP) of Deiyai District on Monday (12/11) to hear the statements of witnesses for the Candidate Pair Number 4 Inarius Douw and Anakletus Doo (Petitioners), Candidate Pair Number  1Ateng Edowai and Hengky Pigai (Relevant Party), and the General Elections Commission (KPU) of Deiyai District (Respondent).

The Petitioners presented Head of Deiyai 1 Sub-district Marius Ukago as witness. Marius said that the 2018 Deiyai Regional Head Re-election showed that Candidate Pair Number 1 received 286 votes, Candidate Pair Number 2 2 votes, Candidate Pair Number 3 1 vote, and Candidate Pair Number 4 2,000 votes.

He said that the resulting votes of all candidate pairs were according to the written agreement by the Deiyai community. Then the results were reported to the Deiyai District KPU, but rejected by one of its commissioners.

Agreement among the people on the votes for the candidate pairs was also confirmed by Agusten Yuppy, a figure in the community, who explained the re-election results in Kapiraya Sub-district.

“The community members had agreed on the votes for each candidate, but several state civil apparatus and hamlet chiefs wanted the agreement changed. As a result, violence to several people who rejected the request occurred,” Agusten explained before the panel of justices led by Chief Justice Anwar Usman.

Meanwhile, witness for the Deiyai District KPU Othias Edowai, who was also member of the West Tigi Sub-district election committee, stated that the vote determination was according to the community’s agreement and there had been no objection. 

Othias said that the day before the October 16, 2018 re-election, as member of the West Tigi Sub-district election committee he and the supervisory committee (panwas) and the security officers delivered logistics from the KPU to Deiyai Hamlet, West Tigi Sub-district.

“Then, we provided technical assistance on election violations to the Deiyai Hamlet Temporary Election Committee, the Polling Committee (PPS), and the Polling Organizing Group as well as carrying out simulation in anticipation of the Deiyai Pilkada [(regional head election)],” Othias said.

Written on a Plywood Board 

The Relevant Party presented Oktavianus Ukago as witness. He elaborated on the agreement on votes for the candidate pairs. “I know that in the field there had not been any community agreement on votes for candidate pairs prior to October 15, 2018. The team of Inarius Douw made the agreement letter on the votes for candidate pairs. After October 15, the community indeed made an agreement written on a plywood board,” he said.

Oktavianus explained that the agreement on votes that written on the plywood board through a hologrammed C1 form. In TPS 1 the agreement was made on October 16, 2018 at 7 a.m. WIT. In TPS 2 the agreement was made on October 16, 2018 at 6 a.m. WIT. In TPS 3 the agreement was made on October 15, 2018 at 9 p.m. WIT. In TPS 4 the agreement was made on October 15, 2018 at 11 p.m. WIT.

Metusalakinfandi of the Papua Province Bawaslu confirmed the voting process at West Tigi Sub-district, including the agreement on the plywood board. “When we were monitoring, indeed we saw the process. The agreement was written on a plywood board, then the Polling Organizing Group officers carried out the voting. Then the administration was recorded in the C1-KWK form,” he explained.

1705/Paniai Military District Command Commandant Jimmy Sitinjak dan Head of Paniai Precinct Wahid Utomo elaborated on the security efforts by the National Military/Police in the re-election in Deiyai. In addition, there was discussion of the violation in the noken re-election in Kapiraya and West Tigi Sub-districts. This was proven by documents and recordings submitted by Candidate Pairs Inarius Douw dan Anakletus Doo. The Court also found inconsistencies in the noken agreement letter on the votes given to each candidate pair.

The case No. 72/PHP.BUP-XVI/2018 was chaired by Chief Justice of the Constitutional Court Anwar Usman, in the presence of Constitutional Justices I Dewa Gede Palguna and Wahiduddin Adams. It was registered by Deiyai Regent and Vice Regent Candidate Pair Number 4, Inarius Douw and Anakletus Doo.

The Petitioners had objected to the re-election results of the 2018 Deiyai District Regent and Vice Regent that was decided in the Decree of Deiyai District KPU No. 30/HK.03.1-Kpt/9128/KPU-Kab/X/2018 on vote recapitulation from each sub-district in the regional head election in Deiyai District according to Constitutional Court Decision No. 35/PHP.BUP-XVI/2018.

The Petitioners also claimed that there were violation and fraud by the Deiyai District KPU (Respondent) as well as Ateng Edowai and Hengky Pigai (the Relevant Party/Candidate Pair Number 1). The alleged violation is that the Respondent had not been independent for favoring Candidate Pair Number 1 and ordering intermittent dismissal in the re-election at hamlet level.

The Petitioners believe that the Respondent has manipulated the agreement among the people of Komauto Hamlet of Kapiraya Sub-district, who had given 1,208 votes to Candidate Pair Number 1 (Relevant Party) and using violence and intimidation had manipulated the agreement among the people of Deiyai I Hamlet, West Tigi Sub-district who had given 2,000 votes to the Petitioners. (Nano Tresna Arfana/LA/Yuniar Widiastuti)

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