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DPP PKB attorney Syamsul Huda Yudha elaborating the DPR-DPD-DPRD PHPU hearing of Jambi Province, Friday (12/7) 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-DPD-DPRD (House of Representatives-Regional Representatives Council-Regional Legislative Council) legislative election results dispute (PHPU) of Jambi Province and North Kalimantan Province in the Panel I Courtroom of the Constitutional Court on Friday (12/7/2019). In the hearing, Petitioner No. 26-01-05/PHPU.DPR-DPRD/XVII/2019 the National Awakening Party (PKB) through attorney Syamsul Huda Yudha alleged vote reduction. When delivering the subject of the petition, he said that in the electoral district (Dapil) of East Tanjung Jabung 3, PKB’s candidate for East Tanjung Jabung Regency DPRD Muhammad Samin had his votes reduced by 31 votes. The KPU (Respondent) declared that the Petitioner’s votes be 1,879 votes. The Petitioner believes that the accurate number is 1,910 votes. The reduction occurred in polling stations (TPS) in Mendahara, Mendahara Ulu, and Geragai Sub-districts.

Aside from vote reduction at the sub-district level, the Petitioner also had 30 of his votes switched to the People’s Conscience Party (Hanura). The Respondent declared Hanura’s votes at 1,938 and the Petitioner only 1,908.

“Therefore, there is a difference of 30 votes while, in fact, according to the Petitioner’s witness, Hanura at TPS 04 of Pangkal Duri Village had 0 vote,” Syamsul stressed before the Court, which was presided over by Chief Justice Anwar Usman, with Constitutional Justices Arief Hidayat and Enny Nurbaningsih on the bench.

According to Syamsul, the inflation of Hanura’s votes occurred because of miscalculation of the total votes of the political parties and legislative candidates in the C1 form. It continued on to the DA1 plano form at the sub-district, but was not revised. “Therefore, on the DB1 it is the same, and it harmed the Petitioner,” Syamsul explained.

Through the petitum, the Petitioner requested that the Court annul the KPU Decree on the election of East Tanjung Jabung Regency 3 and revise the accurate vote count for the Petitioner for Dapil East Tanjung Jabung Regency 3, which is 1,910 votes for PKB and 1,908 for Hanura.

Vote Margin

In the same hearing, the Panel I also examined petition No. 50-14-05/PHPU.DPR-DPRD/XVII/2019 filed by the Democratic Party. Attorney Agatha A. Lidyawati explained that according to the C1 form that had been verified by the West Tanjung Jabung KPUD (Respondent), the Petitioner’s votes at 10 polling stations in the region were reduced by 12 and switched to the candidate from the National Awakening Party (PKB). “The 12 votes should have belonged to the Democratic Party,” Agatha explained to Constitutional Justice Arief Hidayat.

According to the Petitioner, the margin occurred due to a discrepancy in the C1 form, while the form was referred to as in the vote tally, where the Petitioner should have obtained the sixth seat in the dapil. In addition, Agatha elaborated on the vote discrepancy that the Democratic Party experienced in Dapil Sarolangun 4. The Petitioner had 60 votes switched to the Indonesian Democratic Party of Struggle (PDI-P). This occurred only in TPS 03 of Ranggo Village, Limun Sub-district, Dapil Saralangon 4. 

Double Votes

Meanwhile, the People’s Conscience Party (Hanura) represented by Sri Hardimas W. alleged vote discrepancy due to double voting (voters casting a vote more than once) in several polling stations in Pancuran Tiga Village, Keliling Danau Sub-district. “There were 99 voters, and this is suspected to be fraud and vote inflation that harmed the Petitioner,” Hardimas said.

Due to the suspicion of double voting, the Petitioner requested that the Court order the Respondent to carry out a revote in Dapil Kerinci 5.

In the same hearing, the Panel I also examined several other petitions: No.  72-03-05/PHPU.DPR-DPRD/XVII/2019 filed by the Indonesian Democratic Party of Struggle (PDI-P) that alleged vote discrepancy in Dapil Jambi 5 and No. 97-19-05/PHPU.DPR-DPRD/XVII/2019 filed by the Crescent Star Party (PBB). Attorney Meizaldy Mufti alleged vote results discrepancy with the Petitioner’s vote count information system (Situng) in Dapil East Tanjung Jabung 1.

Aside from the aforementioned petitions, Panel I also examined petitions filed by the Berkarya Party for two regions: No. 216-07-24/PHPU.DPR-DPRD/XVII/2019 for North Kalimantan Province and No. 234-07-05/PHPU.DPR-DPRD/XVII/2019 for Jambi Province. However, the Petitioner was not present until the hearing was over.

Before concluding the hearing, Justice Anwar informed that the hearing would continue on Thursday, July 18, 2019 at 08.00 WIB 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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