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General Elections Commission (KPU) Commissioner Hasyim Asy\'ari responding to the petition of the 2019 DPR-DPRD election results dispute (PHPU) of West Java (Jabar) Province, Wednesday (2/10) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

JAKARTA, Public Relations of the Constitutional Court—General Elections Commission (KPU) Commissioner Hasyim Asy\'ari emphasized that the arguments of the Petitioners of the 2019 DPR-DPRD (House of Representatives-Regional Legislative Council) election results dispute (PHPU) of West Java (Jabar) Province of case No. 251-05-12/PHPU.DPR-DPRD/XVII/2019 were vague. That statement was the KPU’s response in the second hearing of the 2019 legislative PHPU hearing of West Java Province, Wednesday (2/10/2019).  

“The Petitioners in the petition argued that 40 C-1 plano forms were found in the regency/city ballot boxes and 68 C-1 plano forms were found in a separate box, but did not detail the polling stations (TPS) in question. Therefore, the Petitioners’ petition is obscure,” Hasyim said before the bench, led by Constitutional Justice I Dewa Gede Palguna.

The Petitioners also argued that 9 ballot boxes lacked C-1 plano forms or C-1 hologrammed forms but did not detail the polling stations (TPS) in question. Therefore, the KPU deemed the Petitioners’ petition obscure.

Hasyim also stated that the Petitioner\'s petition went past the deadline determined in accordance with the Constitutional Court Regulation and the Election Law. The deadline for filing a petition for the 2019 PHPU, May 21 to May 24, had been announced since the KPU’s national declaration. 

"The Petitioners\' petition filed on September 2, 2019 is clearly filed outside the established deadline. So, for the sake of law, the [Constitutional] Court is obliged to waive the Petitioner\'s petition and must reject the petition or at least not accept it," said Hasyim. 

KPU observed that the elaboration of the Petitioner\'s posita is not in line with the petitum,judging from the Petitioners\' arguments. "The petitum petitioned by the Petitioner is an alternative. This shows the mismatch between the posita and petitum and at the same time shows that basically the Petitioners do not understand what they want to petition in their petition," Hasyim explained. 

Bekasi Regency Elections Supervisory Body (Bawaslu) Chairman Syaiful Bahri said that Bekasi Regency has supervised data contrast after the Constitutional Court\'s Decision. "Oversight of the transfer and identification of the completeness of the votes by checking the accuracy of the number, completeness of the quality of the ballot boxes for the election of members of the DPRD Dapil [electoral district] Bekasi 2 in West Cikarang Subdistrict, Bekasi," he said. 

Syaiful said that 8 ballot boxes at TPS 20, 27, 50, 54, 58, 69, 75, and 97 were not sealed. In addition, the DPRD election for Dapil Bekasi 2 in TPS 58 of Telaga Murni Village, West Cikarang Subdistrict lacked 1 ballot box. Some poll stations were damaged but not severely.

The Constitutional Court (MK) held a preliminary examination hearing of the case on Monday (30/9/2019). The case No. 251-05-12/PHPU.DPR-DPRD/XVII/2019 was petitioned by the National Democratic Party (Nasdem). Represented by attorneys Regginaldo Sultan and Ucok Edison Marpaung, the Petitioner conveyed that the data on the C-1 forms and the C-1 plano forms for poll stations (TPS) in Telaga Murni, West Cikarang Subdistrict, Bekasi Regency had not been compared following the agreement on April 23, 2019. 

"The April 23 agreement was in accordance with the Constitutional Court Decision No. 199, page 312, point 4 that a revote is to be done when there is a discrepancy of data after comparison, Your Honor. Because the KPU does not know which TPS have been previously compared, the KPU orders the comparison of all TPS in Telaga Murni Village in accordance with Letter Number 1151 onwards, dated August 16, 2019," explained Ucok.  

Upon examination on August 19, 2019 8 ballot boxes at TPS 20, 27, 50, 54, 58, 69, 75, and 97 for regency DPRD in Telaga Murni, West Cikarang Subdistrict were unlocked. In addition, 40 C-1 plano forms were found in the regency/city ballot boxes and 68 C-1 plano forms were found in another box, that is, in box 13 of recapitulation results in West Cikarang. 

Ucok also revealed that 9 C-1 plano forms were not found; C-1 plano form at TPS 34 was incomplete as only 1 permanent voters list form and voters attendance form as well as 1 valid vote and 1 invalid vote were found. C-1 plano form at TPS 58 was incomplete as there was no vote acquisition for PDIP, Garuda Party, Berkarya Party, PSI, and PKPI. 20 TPS lacked C-1 hologrammed forms, i.e. TPS 3, 4, 18, 27, 29, 32, 46, 50, 56, 57, 62, 68, 80, 86, 98, 100, 104, 105, 107, and 115. Therefore, in the petitum the Petitioners requested that the Court order the KPU to conduct a revote. (Nano Tresna Arfana/NRA)

Translated by: Yuniar Widiastuti

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