The Relevant Parties taking a picture after the ruling pronouncement of the DPR-DPRD PHPU Electoral District of West Papua, Thursday (8/8) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) granted the petition No. 21-01-34/PHPU.DPR-DPRD/XVII/2019 by PKB on behalf of M. Rasul as DPRD Candidate of West Papua in the 2019 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute (PHPU) of West Papua Province on Dapil Pegunungan Arfak 1.

"The verdict heard, grants the Petitioner\'s petition of Dapil Pegunungan Arfak 1, DPRD Regency of Pegunungan Arfak," said Chief Justice Anwar Usman, before the other constitutional justices in the ruling hearing, Thursday (8/8/2019) in the Plenary Courtroom of the Constitutional Court.

In addition, the Court ordered the West Papua Province KPU to recount all ballots in Disura Village, Taige Sub-district, Pegunungan Arfak District within 14 working days after the decision was read out.

In their petition, the Petitioner argued that there had been an inflation of PKB candidate Abdu Rumkel\'s votes. According to the Petitioner, this affected the acquisition of the Petitioner\'s seat in the West Papua Province DPRD.

After the Court examined the DA1 form model submitted by the Petitioners, Respondent, and Bawaslu, the Court found the acquisition listed in the DA1 form in Taige Sub-district, Pegunungan Arfak Regency was the same in seven villages totaling 744 votes.

“However, the Court also discovered the fact that the election process in Taige Sub-district was carried out through a national process, not the noken system. The Court was increasingly convinced that there are no relevant facts regarding the addition of votes for Rumkel totaling 30 votes based on a verbal agreement,” said Constitutional Justice Enny Nurbaningsih while reading out the legal considerations.

According to the court, the vote switch from PKB to PKS, although based on a verbal agreement between PKB and PKS candidates, had violated the Constitution. “Therefore, due to the fact of vote switch from PKB to PKS, the Court must return the citizens’ rights that were violated by the vote switch,” Justice Enny explained.

According to the Court, all ballots at the TPS of Disura Village, Taige Sub-district in the Pegunungan Arfak Regency must be recounted. According to the Court, the recount is for the sake of fair legal certainty and to ensure the acquisition of votes for each political party. (Nano Tresna Arfana/LA/NB)

Translated by: MJK/YW