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Eko Perdana Putraas the attorney of the Berkarya Party conveying the subjects of the petition in the 2019 DPR-DPRD legislative election results dispute (PHPU) of South Sulawesi electoral district (dapil) on Wednesday (10/7) in the Panel 3 Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a preliminary hearing of the 2019 DPR-DPD-DPRD (House of Representatives-Regional Representatives Council-Regional Legislative Council) legislative election results dispute (PHPU) for South Sulawesi Province on Wednesday (10/7/2019) in the Panel 3 Courtroom of the Constitutional Court. The panel of justices led by Constitutional Justice I Dewa Gede Palguna held a session for five cases from five political parties: the People’s Conscience Party (Hanura Party), the Prosperous Justice Party (PKS), Golongan Berkarya (Golkar), the Crescent Star Party (PBB), and the Berkarya Party.

The Berkarya Party through attorney Eko Perdana Putra questioned vote switch among fellow party member for the DPRD seat of Pangkajene Regency, South Sulawesi Province. He said that Candidate Number 8 Nurhidayah received 951 votes based on their C1 forms. "However, the local KPU has determined the acquisition at 942 votes. So, there is a discrepancy of 9 votes," he explained regarding the case No. 229-07-27/PHPU.DPR-DPRD/XVII/2019.

Eko also argued that there the Respondent made errors in the recapitulation in inputting the vote results. He explained that at TPS (polling station) 02 of Pitue Village, Candidate Number 1 received an addition of 2 votes, Candidate Number 2 votes, and Candidate Number 7 1 vote.

On the other hand, Eko added, the Petitioners votes were reduced, as illustrated in TPS 12 of Attang Salo Village. The Respondent declared that the Petitioner only received 2 votes. However, based on the Petitioner\'s C1 form, it should have been 8 votes.

Eko also mentioned vote switch from the Petitioner to the party, at TPS 07 Tamangapa Village. The Petitioner should have obtained 6 votes, but they were purged to 3 votes. The other 3 votes were included in the party\'s votes.

“For this reason, the Petitioner requests that the Decree of the General Elections Commission No. 978/PL.01.8.-Kpt/06/KPU/V/2019 be annulled and [that the Court] declare the Petitioner received 951 votes,” Eko stressed while reading the petitum.

Responding to the petition, Constitutional Justice Suhartoyo observed that the petition represented an individual, even though it was on behalf of the Berkarya Party’s central executive board (DPP). The petition highlighted the individual candidate. If the petition was on behalf of political parties, the focus should be to speak to the votes of the political party. This will automatically affect the candidate. "So, we need [confirmation] from the Petitioner," he said. In addition, he requested that Eko\'s advocate card be submitted to the Constitutional Court. This is in accordance with the rules in the Constitutional Court.

Vote Purging

Meanwhile, the Prosperous Justice Party (PKS), represented by Arah Madani, questioned the votes in Selayar Islands Regency Electoral District (Dapil) 5, South Sulawesi Province. According to him, 50 votes of PKS had been purged, leading the party not to get a sixth seat of the Selayar Islands Regency DPRD.

"We should have received 1,233 votes. But, the Respondent declared 1,183 votes for PKS," he explained regarding case No. 08-08-27/PHPU.DPR-DPRD/XVII/2019. PKS won the DPRD seat, not the Democratic Party.

Madani alleged that 50 votes had been purged by the Respondent at TPS 002 and TPS 004. For example, voters who did not have e-KTP and suket (letter of recommendation) and were not registered at the final voters list (DPT) voted by using someone else\'s DPT. In addition, there was double voting.

Madani said his camp reported the violation to the Elections Supervisory Agency (Bawaslu) of Selayar Regency but their decision was not firm and was temporary, and that the case would have to be forwarded to the police.

"We requested the Constitutional Court order a revote at TPS 002 and TPS 004 [and] declare the votes for PKS at 1,233 votes," he said when reading the petitum.

The third session of panel 3 today specifically examined cases for South Sulawesi Province. In addition to the two cases above, the panel examined cases No. 166-04-27/PHPU.DPR-DPRD/XVII/2019 for Golongan Karya Party (Golkar), No. 44-13-27/PHPU.DPR-DPRD/XVII/2019 for the People’s Conscience Party (Hanura Party), and No. 101-19-27/PHPU.DPR-DPRD/XVII/2019 for the Crescent Star Party (PBB). (Arif Satriantoro/LA/RD)

Translated by: FS/YW

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