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(Left to right) Paskaria Tombi and Tanda Perdamaian, attorneys for the Indonesian Democratic Party of Struggle (Petitioner) in the 2019 DPR-DPRD PHPU hearing of West Sulawesi Province, Wednesday (10/7) in the Panel 1 Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held the preliminary hearing of the 2019 DPR-DPRD legislative election results dispute (PHPU) of West Sulawesi Province in the Panel I Courtroom of the Constitutional Court on Wednesday afternoon (10/7/2019). The session was presided over by Chief Justice Anwar Usman, with Constitutional Justices Arief Hidayat and Enny Nurbaningsih on the bench.

The Indonesian Democratic Party of Struggle (PDI-P), represented by Tanda Perdamaian, questioned the errors and discrepancy of special voters lists (DPK) in all Mamuju Regency. During plenary Sub-district Election Committee (PPK) meeting in Mamuju Regency, Tanda added, the witnesses of the contesting parties expressed their objection and requested a correction by opening the DAA1 plano form. This was because there had been a discrepancy between voters in the final voters list (DPT) and special voters list (DPK) in all five levels of election, which harmed the election contestants. “However, the objection was not heeded by the Petitioner,” Tanda explained regarding the case No. 82-03-28/PHPU.DPR-DPRD/XVII/2019.

In addition, in the provincial recapitulation DPK voters in C7.DPK-KPU forms were found ineligible to vote based on the A7.DPK-KPU forms in the ballot boxes at the polling stations (TPS). “The high number of voters in the Mamuju Regency DPK is suspect because it is abnormal,” Tanda explained.

The Petitioner requested that the justices annul the KPU Decree on the fulfillment of West Sulawesi electoral district DPR seats. “Or at least order that the Petitioner carry out a revote in all TPS in Mamuju Regency,” said another attorney Paskaria Tombi, concluding the read-out of the petition.

Mixed-Up Ballots

Similarly, Gerindra through attorney Ali Lubis claimed that at TPS 04 of Motu Village in Baras Sub-district, Pasangkayu Regency, there were mixed-up ballots from Dapil Pasangkayu I that had been punched out by voters.

“It is highly suspected that the KPPS (Polling Station Working Committee) violated the law. Through the recommendation of the Panwas (Elections Supervisory Committee) at the sub-district and village levels, the Respondent [left the issue], when they must have decided on a revote at the TPS,” Ali said about the case No. 164-02-28/PHPU.DPR-DPRD/XVII/2019.

Marked Ballots

Andi Tahmid as a Gerindra Party candidate argued that to fill in the West Sulawesi Provincial DPRD (Regional Legislative Council) seat, 8,269 votes should had been required, but the Respondent only set 8,077 votes. Another attorney, Ali, explained that according to the findings by the Batu Oge Village Supervisory Committee in Pedongga Sub-district, Pasangkayu Regency, West Sulawesi Province, in the ballot counting process, there were ballots marked with a special sign by the KPPS officers. “Based on the Panwaslu recommendation No. 037/Panwaslu/Pedongga/V/2019, at TPS 03 of Batu Oge Village, a revote was to be done,” Ali said.

Miscounting

The Nasdem Party in case No. 187/-05-28/PHPU.DPR-DPRD/XVII/2019 argued vote discrepancy with PDI-P in Dapil West Sulawesi I. By comparing the Respondent’s vote tally, it had been discovered that PDI-P’s votes were inflated in TPS 6 of Lambanan Village, Mamasa Sub-district, as many as 10 votes. PDI-P was shown to have received 12 votes in the C1 form, inflated to 22 votes. This was due to a calculation error in the C1 form,” Aperdi Situmorang explained.

Another inflation of 10 votes occurred in TPS 3 of Mambulilin Village, Mamasa Sub-district. The original number of votes was 13. The Petitioner requested that the justices annul the KPU’s Decree on the vote results of Dapil West Sulawesi I of West Sulawesi Province DPRD, and declared that the accurate results be 23,135 votes for the Nasdem Party and 7,623 for PDI-P. The Petitioner requested that the justices annul the KPU’s Decree on the vote results of Dapil Pasangkayu 2 of Pasangkayu Regency DPRD, and declared that the accurate results be 1,448 votes for the Nasdem Party and 1,445 for PDI-P.

In the hearing, the bench of justices also examined petition No. 177-04-28/PHPU.DPR-DPRD/XVII/2019 filed by Golkar through attorneys Irwan and Albertus, in relation to vote inflation in Dapil West Sulawesi, Dapil West Sulawesi 4, and Dapil Majene 1, which harmed the Petitioner. The justices also examined petition No. 38-13-28/PPU.DPR-DPRD/XVII/2019 filed by the People’s Conscience Party (Hanura) through attorney Hamka, with the petitum claiming administrative violations in Dapil Mamuju 1, which harmed the Petitioner.

The panel of justices also examined petition No. 241-06-28/PHPU.DPR-DPRD/XVII/2019 filed by the Change Movement Party of Indonesia (Garuda) through attorney Saleh Kabakoran, which detailed vote discrepancy in Dapil Mamasa 3. The justices also examined petition No. 237-07-28/PHPU.DPR-DPRD/XVII/2019 filed by the Berkarya Party, who did not attend the hearing.

Chief Justice Anwar informed that the hearing would continue on Tuesday, July 16, 2019 to hear the Respondent’s response and the statements of the Relevant Party and Bawaslu. (Sri Pujianti/LA)

Translated by Yuniar Widiastuti

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