PKS Argues Recapitulation Error in Kubu Raya 2
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Muhammad Rozak Asyhari as PKS’s attorney conveying the subject of petition in the DPR-DPRD PHPU hearing of West Kalimantan Province on Friday (12/7) in the Panel 3 Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.

JAKARTA, Public Relations of the Constitutional Court—-The Constitutional Court held a preliminary hearing of the 2019 DPR-DPRD (House of Representatives-Regional Legislative Council) legislative election results dispute (PHPU) on Friday (12/7). In the hearing, the Prosperous Justice Party (PKS) as Petitioner in case No. 01-08-20/PHPU.DPR-DPRD/XVII/2019 questioned the mistake in recapitulation in Kubu Raya Regency, West Kalimantan Province (Kalbar).

The hearing was held in Panel 3 Courtroom of the Constitutional Court on the fourth floor. The Panel was presided over by Constitutional Justice I Dewa Gede Palguna (as chairperson of the panel), with two Members of the panel, Constitutional Justices Suhartoyo and Wahiduddin Adams.

PKS\'s attorney Muhammad Rozak Asyhari questioned the vote acquisition of PKS for Kubu Raya 2 Electoral District (Dapil) for Regency DPRD seat. "PKS should have had 3,225 votes while the United Development Party (PPP) received 3,116 votes," he explained.

Rozak mentioned that the KPU’s (General Elections Commission) version (Respondent) was different. It said PPP received 3,237 votes and PKS 3,224 votes. PKS criticized the vote acquisition in two villages, Madu Sari and Sungai Asam. Rozak said there was a mistake in the recapitulation, in which the vote results according to the Respondent did not match the C1 forms of the Petitioner. PKS should received 556 votes in Madu Sari Village and 342 votes in Sungai Asam Village, while PPP received 524 votes in Madu Sari Village and 1,182 votes in Sungai Asam Village.

Rozak said, “The mistake in recapitulation [occurred] at TPS (polling station) 10 of Madu Sari, TPS 4 of Sungai Asam Village, TPS 9 of Sungai Asam Village, TPS 15 of Sungai Asam Village, TPS 17 of Sungai Village, and also TPS 33 of Sungai Asam Village.” PKS, not PPP, should have obtained the 5th seat of the Kubu Raya Regency DPRD, he added.

“For these reasons, we requested that the Constitutional Court declare vote acquisition at 3,225 votes for PKS and United Development Party (PPP) received 3,116 votes for Kubu Raya electoral district 2,” he explained while reading the petitum.

In the same hearing, the Constitutional Court also examined case No. 154-02-20/PHPU.DPR-DPRD/XVII/2019 for the Great Movement Party (Gerinda). The case concerns with an intraparty dispute. The Petitioner’s attorney Syahroni questioned the vote acquisition in Kalbar 1 electoral district for the DPR seat. The disputing candidates are Khaterine and Yusid Toyib.

“Khaterine should have obtained 35,764 votes and Yusid Toyib 35,610 votes. However, the Respondent actually determined 35,242 votes for Khaterine and Yusid Toyib received 36,030 votes," he explained. He said the vote reduction has harmed his camp. As a result, the Petitioner lost their DPR seats for West Kalimantan Electoral District 1.

In addition, Syahroni also questioned the votes in West Kalimantan 6 Electoral District for the DPR seat of the West Kalimantan Province, on behalf of Hendri Makalau. Hendri should have received 5,386 votes but the Respondent determined  only 5,325 votes for Hendri.

The Constitutional Court also examined the case No. 122-12-20/PHPU.DPR-DPRD/XVII/2019 submitted by the National Mandate Party (PAN). PAN\'s attorney Friska Siregar questioned vote inflation in Sanggau Regency, West Kalimantan Province.

"The Indonesian Solidarity Party (PSI) received 2,721 votes based on the Respondent\'s version even though their votes were only 2,618," explained Friska. As a result, PAN couldn’t get the DPRD seat because PAN received only 2,631 votes.

This panel session was specifically held for PHPU cases in West Kalimantan and South Kalimantan Provinces. The Court heard the following cases for West Kalimantan Province: No. 15-01-20/PHPU.DPR-DPRD/XVII/2019 submitted by the National Awakening Party (PKB), No. 134-09-20/PHPU.DPR-DPRD/XVII/2019 submitted by the United Indonesia Party (Perindo), No. 233-07-20/PHPU.DPR-DPRD/XVII/2019 submitted by the Berkarya Party, and No. 58-14-20/PHPU.DPR-DPRD/XVII/2019 submitted by the Democratic Party.

The Court heard the following cases for South Kalimantan Province: No. 04-08-22/PHPU.DPR-DPRD/XVII/2019 submitted by the Prosperous Justice Party (PKS), No. 224-07-22/PHPU.DPR-DPRD/XVII/2019 submitted by the Berkarya Party, and No. 61-14-22/PHPU.DPR-DPRD/XVII/2019 submitted by the Democratic Party. (Arif Satriantoro/NRA/RD)

Translated by: FS/YW


Friday, July 12, 2019 | 17:15 WIB 158