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Dismissal hearing of the 2019 Legislative Election Results Dispute (PHPU) on Monday (22/7) at the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) decided 86 DPR-DPRD (House of Representatives-Regional Legislative Council) cases and 3 DPD (Regional Representatives Council) cases from 12 provinces in the dismissal hearing of the 2019 Legislative Election Results Dispute (PHPU) on Monday (22/07/2019) at 10:30 WIB in Panel 2.

"After the Court considered the Respondents’ responses, the Relevant Parties’ statements, Bawaslu\'s statements, the Court must first considered the Petitioners’ petitions and the facts of the hearing related to the cases that are not brought into evidentiary hearing based on the legal consideration of each case," said Chief Justice Anwar Usman with the other constitutional justices. 

The dismissal decision of the Constitutional Court lists 23 cases that are not continued, including case No. 88-03-06/PHPU.DPR-DPRD/XVII/2019 submitted by the Indonesian Democratic Party of Struggle (PDIP) for the Election of DPRD members of Musi Banyuasin electoral district (Dapil) 1. According to the Court, the Petitioner\'s posita did not mention the polling stations in question in detail. 

Next is case No. 12-08-06/PHPU.DPR-DPRD/XVII/2019 submitted by the Prosperous Justice Party (PKS) for the election of DPR members in Dapil South Sumatera II. According to the Court, the Petitioner questioned the votes for other parties without questioning the Petitioner\'s votes. In addition, case No. 167-04-10/PHPU.DPR-DPRD/XVII/2019 submitted by the Golkar Party for the election of DPRD members of Dapil Batam City 1. According to the Court, the posita and petitum did not correspond. Then, there is case No. 158-02-13/PHPU.DPR-DPRD/XVII/2019 submitted by the Gerindra Party for the election of DPRD members of Dapil Kudus 4. According to the Court, the Petitioners\' posita did not include a comparison of vote acquisitions according to the Petitioner. 

Next is case No. 175-04-31/PHPU.DPR-DPRD/XVII/2019 submitted by the Golkar Party for the election of DPRD members of Dapil Maluku 3.  According to the Court, the petitum did not include the correct vote count according to the Petitioner. Then, case No. 207-07-33/PHPU.DPR-DPRD/XVII/2019 submitted by the Berkarya Party for the election of DPRD members in Dapil Jayapura City 3. According to the Court, the Petitioner’s posita did not correspond to petitum. Next, case No. 42-13-33/PHPU.DPR-DPRD/XVII/2019 submitted by the Hanura Party for the election of DPRD members in Dapil Jayapura City 1. According to the Court, the Petitioner’s posita did not include the vote results of the legislative elections, but only questioned Bawaslu\'s recommendations. 

Those are the 23 cases of the 2019 Legislative PHPU in Panel 2, which was presided over by Justice Aswanto, with Constitutional Justices Saldi Isra and Manahan M. P. Sitompul, which did not proceed to the evidentiary hearing with certain legal reasons.

Furthermore, in Panel 2, there are 66 cases remaining after 23 cases did not continue. Out of the 66 cases, 33 cases will continue to the evidentiary hearing, as announced by Deputy Chief Justice of the Constitutional Court Aswanto. "For other petitions that were not mentioned and were not dismissed, [please] wait for an official summons from the Court for the pronouncement of the decision," said Justice Aswanto. 

Out of the 33 cases, in case No. 96-19-33/PHPU.DPR-DPRD/XVII/2019 submitted by the Crescent Star Party (PBB), the Petitioner argued that 40,527 votes for PBB had been purged with evidence P-7 and P-8. Some of the votes had been switched to several other political parties, namely the National Awakening Party (PKB), Berkarya Party, the National Mandate Party (PAN), and the National Democratic Party (Nasdem).

In case No. 45-13-13/PHPU.DPR-DPRD/XVII/2019 submitted by Agus Setyobudi, candidate for DPRD of Kudus Regency, Agus questioned the Additional Voters List (DPTb) and Special Voters List (DPK) in several villages in Kudus Regency.  According to Agus, voters in the DPK are not local residents. Agus suspected vote inflation that cannot be justified. The voters in the DPK should not have been able to vote at the Regency DPRD level, in this case DPRD of Dapil Kudus 3. 

Meanwhile, case No. 210-07-13/PHPU.DPR-DPRD/XVII/2019 submitted by the Berkarya Party questioned vote switch from the Berkarya Party to the Gerindra Party. There are also cases submitted by Hasbi Suaib and Paulus Yohanes Sumino as candidates for DPD of Papua Province. (Nano Tresna Arfana/NRA)

Translated by: MJK/YW

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