The Petitioner’s attorney Evlanda Juliansyah during the ruling pronouncement of the DPR-DPRD PHPU of Southeast Sulawesi Province, Thursday (8/8) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—After the Constitutional Court had carefully examined the Petitioners\' evidence and witnesses of all parties in the hearing, Court rejected the petition by Fatmayani Harli Tombili, DPD candidate of Dapil Southeast Sulawesi (Sultra) in the decision ruling pronouncement hearing of the 2019 DPD PHPU on Thursday (8/8/2019).

"The decision heard, declares to reject the Petitioner\'s petition for the whole," said Chief Justice Anwar Usman, before the other eight constitutional justices, while reading one of the points of Decision No. 06-29/PHPU.DPD/XVII/2019.

In the petitum, the Petitioner asked the Court to order the KPU to do a revote (PSU) at TPS 02 and TPS 03 in Bataraguru Village, Wolio Sub-district in Baubau City, totaling 512 votes. According to the Petitioner, if the revote was carried out, it would affect the electability of the Petitioner and four other Southeast Sulawesi DPD candidates. The Court viewed the Petitioner\'s petition to be legally groundless.

"In the legal considerations, the Constitutional Court can accept the KPU\'s reasons for not implementing Bawaslu\'s recommendation, because the KPU only had two days to prepare and hold a revote at two polling stations," said Constitutional Justice Suhartoyo who read out the legal considerations.

KPU (Respondent) admitted to not implementing Bawaslu\'s recommendation to conduct a revote. The reason was that the recommendation was issued within a period of time which made it impossible to implement it. For this reason, the Constitutional Court considered the provisions about revote. In this case, Article 373 paragraph (3) of the Election Law reads, "A revote at the TPS is conducted no later than 10 (ten) days after polling day based on the decision of the Regency/City KPU”. Meanwhile, Bawaslu\'s recommendation No. 51/BA/BAWASLU.PROV.SG-16/2019 was issued on April 25, 2019. That is, the Respondent only had two days to prepare and carry out the revote at the two recommended TPS.

"Thus, the Court can accept the reason of the Respondent for not implementing the recommendations in question," explained Justice Suhartoyo reading out the legal considerations of the Constitutional Court. (Nano Tresna Arfana/NRA/NB)

Translated by: MJK/YW