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The Respondent’s attorney Rahmat Mulyana conveying a statement on Tuesday (16/7) 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 second hearing of the 2019 DPR-DPRD (House of Representatives-Regional Legislative Council) legislative election results dispute (PHPU) on Tuesday (16/7/2019). The KPU as the Respondent, the Related Parties, and the Election Supervisory Agency (Bawaslu) were present to provide responses to the Petitioners\' arguments. The hearing was presided over by Constitutional Justice I Dewa Gede Palguna, with Constitutional Justices Suhartoyo and Wahiduddin Adams.

The Berkarya Party had previously 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, but the local KPU determined 942 votes. The vote switch from the Petitioner to the other party had occurred at TPS (polling station) 07 of Tamangapa Village. The petitioner should have received 6 votes, but lost 3 votes. The other 3 votes were included in the party\'s votes.

In addition, the Petitioner 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. There was also vote reduction for the Petitioners that occurred at TPS 12 of Attang Salo Village. The Respondent declared that the Petitioner only received 2 votes.

Responding to the case No. 229-07-27/PHPU.DPR-DPRD/XVII/2019, Rahmat Mulyana as the Respondent\'s attorney stated that the Petitioner had no legal standing or legal standing because they did not get endorsement from the party. "There is no signature of the chairman and secretary general of the party," he explained.

Rahmat also mentioned if the petition seemed like it was on the party\'s behalf, but the issue challenged was votes among fellow party members. In this is the case, he said, the Petitioner\'s petition would ideally be one by an individual.

Finally, Rahmat said that the petition had passed the deadline for revision on May 31, 2019 at 10.00 WIB. The Petitioner submitted a revised petition on May 31, 2019 at 13:59 WIB. The Petitioner also did not specify their correct vote count. They also did not explain the Respondent\'s vote recapitulation.

The representative of South Sulawesi Bawaslu, Adnan Jamal, confirmed that he did not find the vote discrepancy as argued by the Petitioner. In addition, he stressed that Bawaslu did not find violations during the election process. All was in accordance with existing procedures and rules.

In another case, the Prosperous Justice Party (PKS) questioned the votes in the electoral district (Dapil) of Selayar Islands Regency 5, South Sulawesi Province. 50 votes of PKS had allegedly been purged. PKS claimed 1,233 votes, but the Respondent determined PKS’s votes at only 1,183 votes.

The Petitioner explained that 50 votes have been purged due to violation by the Respondent at TPS (polling station) 002 and TPS 004, for example the Voters did not have e-ID card (e-KTP) and suket (letter of recommendation) and were also not registered at the final voters list (DPT), but voted by using someone else\'s DPT. In addition, some voters had allegedly voted twice. The Petitioner had reported the incident to the Election Supervisory Agency (Bawaslu) of Selayar Regency, but their decision was not firm and was temporary, and they said that the case would have to be forwarded to the police. The Prosperous Justice Party (PKS) requested that the Constitutional Court order a revote (PSU) at TPS 002 and TPS 004, and also declared PKS’s votes at 1,233 votes.

Responding to the case No. 08-08-27/PHPU.DPR-DPRD/XVII/2019, Dedi Mulyana as the Respondent\'s attorney stated that the discrepancy of 50 votes was an unfounded accusation because only one person who voted multiple times [Plural votes]. This incident had occurred at TPS 004 in Polassi Village. "The person has been processed by the police. But this incident did not cause a discrepancy of 50 votes," he explained.

South Sulawesi Bawaslu representative stated that the reason why revote couldn\'t be implemented was because it did not meet the requirement for a revote based on Article 372 of Law Number 7 of 2017 on Elections. Regarding the double voting, it has been processed by the authorities and a criminal sanction would be applied.

In the hearing, the panel of justices also examined the case No 166-04-27/PHPU.DPR-DPRD/XVII/2019 for the Golongan Karya Party (Golkar), case No. 44-13-27/PHPU.DPR-DPRD/XVII/2019 for the People\'s Conscience Party (Hanura), case No. 101-19-27/PHPU.DPR-DPRD/XVII/2019 for the Crescent Star Party (PBB), case No. 151-02-27/PHPU.DPR-DPRD/XVII/2019 for the Great Indonesia Movement Party (Gerindra), as well as case No. 110-10-27/PHPU.DPR-DPRD/XVII/2019 for the United Development Party (PPP). The Golkar Party also stated that they withdrew their petition and will not proceed to the next hearing. (Arif Satriantoro/LA/RD)

Translated by: FS/YW

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