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Gerindra Party’s legal team reading the petition in the 2019 DPR-DPD-DPRD PHPU hearing of Riau 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 DPR-DPD-DPRD (House of Representatives-Regional Representatives Council-Regional Legislative Council) legislative election results dispute (PHPU) of Riau Province in the Panel I Courtroom of the Constitutional Court on Friday (12/7/2019). The Indonesian Democratic Party of Struggle (PDI-P) represented by Ridwan Darmawan alleged that in Dapil (electoral district) Bengkalis 5 the Petitioner’s votes had been added and reduced due to the number of voters exceeding that in the final voters list (DPT).

Before the Court, presided over by Chief Justice Anwar Usman, Ridwan explained that based on the C1 copies in 279 TPS (polling stations), there was vote discrepancy that was suspected to have occurred in 94 polling stations in 13 villages. “There was 1,023 margin in the 94 TPS out of the total 279 TPS in the dapil,” Ridwan explained.

For the objection, the Petitioner had received recommendation, but the Sub-district Election Committee (PPK) and Polling Station Working Committee (KPPS) in the areas did not carry out their duties. This, Ridwan added, had benefitted the candidates from certain political parties while harming others. The Petitioner requested that the panel of justices order the Respondent to carry out a recount in 91 TPS in Dapil Bengkalis 5 in Bhatin Solopan Sub-district. “To order the Respondent a revote in 3 TPS in Dapil Bengkalis 5,” said Ridwan regarding petition No. 70-03-04/PHPU.DPR0DPRD/XVII/2019.

Electoral Principles

PDIP also alleged violations that reduced the Petitioner’s votes in Dapil Bengkalis 4. Ridwan said that based on C1 copies in all of Mandau Sub-district, electoral violations occurred in 352 TPS all across 11 villages. The violations include vote inflation, vote purging, miscalculation of votes, total votes exceeding number of voters in DPT, as well as vote results discrepancy between the C1 plano forms and the C1 copies in several TPS, such as TPS 01 in Bathin Betuah Village, TPS 23 in Talang Mandi Village, and TPS 12 in Babussalam Village.

“Therefore, the Petitioner requested that the Court order the Respondent to carry out a revote in Dapil Bengkalis 4 in 41 TPS and order the Respondent to recount the votes in Dapil Bengkalis 4 in Bengkalis Regency in all TPS, except those requested for a revote,” Ridwan stressed.

Ballot Papers

In the same hearing, the Great Movement Party (Gerindra) challenged vote discrepancy among legislative candidates. For Dapil Riau 1, DPR RI (House) candidate Miftah Nur Sabri received 55,984 votes while DPR RI candidate No. 2 Muhammad Rahul received 58,565 votes. The margin should not be as many as the Respondent determined,” said Andi Syafrani regarding petition No. 152-02-04/PHPU.DPR-DPRD/XVII/2019.

Based on a comparison between the votes for the two candidates in the C1 and DAA1 forms in 6 sub-districts, the margin between both is only 2,122 votes. Syafrani said that the Petitioner had reported it to the Elections Supervisory Agency (Bawaslu). In one of the cases, the cause for the discrepancy was an administrative violation by the election organizers, such as in Wonosari.

“The number of ballot papers distributed by the PPS of Wonosari Village did not meet the demands. It was discovered that a number of voters could not use their voting right at the TPS, even when they have e-IDs, because the ballot papers ran out,” Syafrani said.

Accurate Votes

Meanwhile, the National Democratic Party (Nasdem) represented by Hotman Raja B. Nainggolan said that the Petitioner had issue with the votes for Golkar in Dapil Bengkalis 3. Based on a comparison of the vote results as determined by the Respondent, in Dapil Bengkalis 3 of Pinggir Sub-district, Golkar received 8,944 votes while Nasdem received 8,834. Golkar’s votes were inflated in 4 TPS: TPS 17 and 21 of Pinggir Village as well as TPS 15 and TPS 23 of Titian Antui Village. “So there was reduction of Nasdem’s votes as many as 1 and there was vote inflation for Golkar as many as 149,” Raja explained regarding petition No. 193-05-04/PHPU.DPR-DPRD/XVII/2019.

The Petitioner through the petitum requested that the Court declare the accurate votes for Nasdem to be added by 1 vote to be 8,835 votes, while Golkar’s votes be reduced by 149 to be 8,795 votes.

No Recommendation

The panel of justices also examined petition No. 34-13-04/PHPU.DPR-DPRD/XVII/2019 filed by the People’s Conscience Party (Hanura) on behalf of an individual. In the petition, although Petitioner Barita Sidabutar was Hanura’s candidate No. 4, he did not receive a recommendation to file the petition from the party. Attorney Victor Sitanggang explained that he hoped that the Court would give him an opportunity to read the Petitioner’s constitutional harm in the 2019 legislative election on April 17, 2019. He requested the annulment of Pekan Baru KPU Decree No. 48/HK-03.1.Kpt/1417/V/2019 on the Determination of the Recapitulation of the Vote Count of the 2019 Pekan Baru Municipality DPRD Member Election.

“We have tried to get a recommendation from the Hanura’s central executive board (DPP), but we only received a recommendation letter from the branch. However, we are not withdrawing the petition, and we defer to the Court,” said Victor with high hopes to fight for the Petitioner’s constitutional right.

Panel I also examined petitions No. 212-07-04/PHPU.DPR-DPRD/XVII/2019 filed by the Change Movement Party of Indonesia (Garuda), No. 212-07-04/PHPU.DPR-DPRD/XVII/2019 filed by Berkarya Party, No. 17-01-04/PHPU.DPR-DPRD/XVII/2019 filed by the National Awakening Party (PKB). However, the three Petitioners did not attend the hearing.

After validating the evidence, Justice Anwar announced that the hearing would continue on Thursday, July 18, 2019 at 16.30 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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