The Respondent’s attorney Parulin (center) delivering his statement in the second hearing of DPR-DPRD PHPU of North Sumatera Province, Wednesday (17/07/2019) in the Panel I Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—Fire in Gunungsitoli Sub-district Election Committee (PPK) office did not affect the vote recapitulation results in Gunungsitoli Sub-district, as all DAA1 document and forms were saved. This was conveyed by the General Elections Commission’s (KPU) attorney Subagio Aridarmo in the second hearing of DPR-DPRD (House of Representatives-Regional Legislative Council) legislative election results dispute (PHPU) of North Sumatera Province in the Panel I Courtroom of the Constitutional Court.
In the hearing on Wednesday (17/07/2019), Subagio explained that all documents that were saved were listed in the Minute of Agreement of May 4, 2019 signed by Gunungsitoli City KPU, Gunungsitoli City Bawaslu, and Nias Precinct Police Chief (Kapolres). “So, only the DAA1 document for Onozitoli Orola Village could not be saved,” Subagio said before the Court, which was presided over by Chief Justice Anwar Usman, with Constitutional Justices Arief Hidayat and Enny Nurbaningsih on the bench.
Subagio added that, in response, the North Sumatera Provincial KPU then requested that Gunungsitoli City KPU continue the vote recapitulation in Gunungsitoli Sub-district in another location. It was agreed upon that for the recapitulation for Onozitoli Orola Village whose documents were caught on fire, the DAA1 forms owned by the Elections Supervisory Committee (Panwaslu) and existing witnesses would be matched by filling in new DAA1 forms for the village. During recapitulation, no witnesses objected to the results, including the Petitioner’s witness. Therefore, based on the DA1 forms, the Petitioner’s votes in Gunungsitoli Sub-district were 116.
The fact that the hall of the Gunungsitoli Sub-district office, which also served as the Gunungsitoli Sub-district PPK office, had caught on fire was confirmed by the North Sumatera Bawaslu Syafrida Rasahan. “The C1 plano forms were saved and the vote recapitulation was continued as there were comparative data during the recapitulation process,” Syafrida affirmed in relation to petition No. 205-07-02/PHPU.DPR-DPRD/XVII/2019.
Not Authorized
In the same session, the Panel I justices also heard Bawaslu’s response to petition No. 87-03-02/PHPU.DPR-DPRD/XVII/2019 filed by the Indonesian Democratic Party of Struggle (PDI-P). The North Sumatera Bawaslu Syafrida Rasahan responded to the allegation of violation that mandated a revote in 7 polling stations (TPS) in Hutabayu Village, Hutabayu Raja Sub-district that the Simalungun Regency Bawaslu had issued Letter No. 135/K.SU-21/TU.00.01/IV/2019 on the request for a revote. The Petitioner’s request to PPK was then discussed in the Simalungun KPU recapitulation meeting.
“However, upon observation, as the request for revote was submitted after the revote deadline and it was not under purview of Bawaslu, the revote cannot be implemented as the Petitioner’s witness requested,” Syafrida said.
Revote Was Carried Out
In relation to the petition by the People’s Conscience Party (Hanura) that alleged electoral violations in the electoral district (dapil) of Central Tapanuli 2, which involved the village head, the Central Tapanuli Regency Bawaslu had made a report of a Polling Station Working Committee (KPPS) member at polling station TPS 1 of Sigolang who voted multiple times. A revote had been recommended.
“However, to address the electoral criminal act, it was stopped in the second discussion at the Gakkumdu [(Integrated Law Enforcement)],” said Syafrida about petition No. 33-13-02/PHPU.DPR-DPRD/XVII/2019.
Unclear
In response to the National Democratic Party’s (Nasdem) allegation of vote counting errors in Dapil Pematang Siantar 1, the Respondent’s attorney Fajar Maulana Yusuf denied any vote inflation for the Hanura Party in the electoral district. “The vote margin between Nasdem and Hanura Parties was 33 votes. Nasdem received 7,032 votes and Hanura received 6,284 votes,” Fajar stressed in response to petition No. 197-05-02/PHPU.DPR-DPRD/XVII/2019.
Meanwhile, in the Nasdem Party’s statement as Relevant Party in the case petitioned by the Prosperous Justice Party (PKS) No. 02-08-02/PHPU.DPR-DPRD/XVII/2019, attorney Parulian said that the Petitioner’s exception was unclear or obscure. According to him, PKS’ petition for Dapil Tebing Tinggi City 3 meant that all C1 evidence argued by the Petitioner was PKS’s internal vote count results and not the C1 issued by the election organizers or KPPS. “Based on the fact, it is proven clearly that the Petitioner’s petition is unclear or obscure,” said Parulian.
Not Based on Evidence
Aside from holding a DPR-DPRD PHPU hearing, the panel of justices also held a hearing to hear the Respondent’s response and the statements of the Relevant Parties and Bawaslu in the 2019 Regional Representatives Council (DPD) election results dispute (PHPU). In response to the petition by North Sumatera DPD candidate Faisal Amri, the Respondent’s attorney M. Alfy Pratama said that the allegation of inflation of 570 votes in Hibala Subdistrict was not based on evidence. Based on the vote recapitulation in South Nias Regency, ballot boxes had been opened for the Hibala Subdistrict Election Committee because the DA1 and DAA1 forms that would be read out by the PPK were not found. It was also done because the keys for the ballot boxes were missing, so that the South Nias Regency KPU took over the vote results reading by opening the ballot boxes to read out the C1 plano and hologrammed C1 forms.
During the recapitulation, Alfy added, at 20 polling stations in Baruyu Sobohou Village up to Tuwaso Village in Hibala Subdistrict, the accurate votes for candidate No. 23 Badikenita Sitepu were recorded to be 606 votes. “Therefore, the vote inflation that the Petitioner meant was not true. In addition, the Petitioner did not include the accurate vote results according to the Petitioner in the subdistrict, Alfy explained.
In the first DPR-DPRD and DPD PHPU session for today, the panel of justices also heard the Respondent’s response and the statements of the Relevant Parties and Bawaslu to petitions No. 131-09-02/PHPU.DPR-DPRD/XVII/2019 filed by the United Indonesia Party (Perindo), No.145-02-02/PHPU.DPR-DPRD/XVII/2019 filed by the Great Movement Party (Gerindra), No.246-06-02/PHPU.DPR-DPRD/XVII/2019 filed by the Change Movement Party of Indonesia (Garuda), No.117-12-02/PHPU.DPR-DPRD/XVII/2019 filed by the National Mandate Party (PAN), No.173-02-04/PHPU.DPR-DPRD/XVII/2019 filed by the Golkar Party, No.23-01-02/PHPU.DPR-DPRD/XVII/2019 filed by PKB, No.52-14-02/PHPU.DPR-DPRD/XVII/2019 filed by the Democratic Party, No.143-20-02/PHPU.DPR-DPRD/XVII/2019 filed by the Indonesian Justice and Unity Party (PKPI), and No.09-02/PHPU-DPD/XVII/2019 filed by a North Sumatera DPD candidate Darmayanti Lubis.
Before concluding the first session of the day, Chief Justice Anwar informed that the schedule for the next hearing would be announced by the Court’s Registrar Office. All litigants are expected to wait for further notice. (Sri Pujianti/LA)
Translated by: Yuniar Widiastuti
Wednesday, July 17, 2019 | 17:55 WIB 151