Relevant Party Egusem Piether Tahun with attorney Ali Antonius expressing congratulations after the ruling hearing of the South Central Timor Regent and Vice Regent election results dispute case, Wednesday (5/12) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

The Constitutional Court (MK) rejected the South Central Timor Regent and Vice Regent election results dispute petition filed by Candidate Pair Number 2 Obed Naitboho-Alex Kase on Wednesday (5/12/2018). In the Decision No. 61/PHP.BUP-XVI/2018, the Court also determined the final results of the South Central Timor Regent and Vice Regent election: Candidate Pair Number 1 Ampera Seke Selen-Yaan Marzich Jermias receiving 31,849 votes, Candidate Pair Number 2 Obed Naitboho-Alex Kase receiving 66,181 votes, Candidate Pair Number 3 Egusem Piether Tahum-Johny Army Konay receiving 66,251 votes, and Candidate Pair Number 4 Johanis Lakapu-Yefta Ambrosius receiving 35,513 votes.

The Court, through Decision No. 61/PHP.BUP-XVI/2018 on September 26, 2019, had previously ordered the South Central Timor General Elections Commission (KPU) as Respondent to conduct a revote at 30 polling stations (TPS) in 10 sub-districts: South Amanuban, South Amanatun, Batu Putih, North Mollo, West Mollo, Boking, Kualin, Fautmolo, Kie, and Polen.

In the decision, the Court also determined the results of revote at 30 polling stations in 10 sub-districts: Candidate Pair Number 1 Ampera Seke Selen-Yaan Marzich Jermias received 59 votes, Candidate Pair Number 2 Obet Naitboho-Alexander Kase 2,998 votes, Candidate Pair Number 3 Egusem Piether Tahum-Johny Army Konay 3,470 votes, Candidate Pair Number 4 Johanis Lakapu-Yefta Ambrosius 59 votes.

Through Constitutional Justice Arief Hidayat, the Court stated that the excess ballot papers at TPS 4 of Sono Village, North Amanantun Sub-district were 813. According to the Petitioner, the number of voters at TPS 4 based on the final voters list (DPT) was 474 voters, if combined with 2.5% of reserve ballot papers. “After the Court observed evidence P-11, it is not in accordance with the argument because the Petitioners had argued about TPS 4 of Sono Village but evidence P-11 showed TPS 1 of Nusa Village,” he said.

The Petitioner, Justice Arief said, also stated that several ballot boxes were scattered during the recapitulation plenary meeting at the KPU level in South Central Timor Regency on July 6, 2018. This condition caused repeated suspensions during the plenary meeting. "With regard to the legal issues above, in accordance with the facts in the hearings, the Court is of the opinion that the Petitioners\' evidence in the form of a video depicting the atmosphere of the recapitulation hearing at the regency level cannot show video images of the scattered ballot boxes as argued by the Petitioners," he said.

The Court also did not find strong evidence showing missing ballot boxes as argued by the Petitioners following the statements by the chairman and members of South Central Timor Regency Elections Supervisory Committee (Panwaslu).

"It is true that there is video evidence but from that evidence the Court did not get convincing evidence that some ballot boxes was missing. Moreover, based on the written statement of the South Central Timor Regency Elections Supervisory Agency [Bawaslu] based on the results of supervision there were no findings or reports related to missing ballot boxes," he stressed. (Arif Satriantoro/LA)

Translated by: Yuniar Widiastuti