---

The Petitioner’s attorney Andi Syafrani after the preliminary hearing of Muna Regency election results dispute, Wednesday (27/1/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held the preliminary hearing of the 2020 regional head election (pilkada) results dispute cases No. 53/PHP.BUP-XIX/2021 for Muna Regency and No. 54/PHP.BUP-XIX/2021 for Wakatobi Regency on Wednesday, January 27, 2021.

The case No. 53/PHP.BUP-XIX/2021 was filed by Muna Regency Candidate Pair No. 2 La Ode M. Rajiun Tumada-H. La Pili. Attorney Andi Syafrani requested that the Court nullify the Muna Regency General Elections Commission (KPU) Decree No. 788/PL.02.06-Kpt/7403/KPU-Kab/XII/2020 on the certification of the 2020 Muna regency election vote counting recapitulation dated December 16, 2020.

The Muna Regency KPU (Respondent) certified that the Petitioner received 55,980 while Candidate Pair No. 1 La Ode Muhammad Rusman Emba-Bachrun (Relevant Party) earned 64,122. This resulted in a wide margin of 8,142 votes.

The Petitioner alleged that the Relevant Party had committed many administrative and criminal violations while the election organizers had committed ethical violations.

“However, if those violations were to be described and collected, it wouldn’t affect the vote acquisition significantly. In this [petition], those violations are not [challenged], so the petition focuses only on fundamental and significant aspects that influenced and determined the results,” Andi said.

The Petitioner alleged that the election was legally defective, and thus must be annulled. This defect is related to the incumbent regent La Ode Muhammad Rusman Emba’s double names. The Petitioner claimed that in the document submitted on application, the name on the Senior High School Certificate of Completion (STTB SMA) from SMAN 1 Raha was La Ode Muhammad Rusman Untung, as substantiated by the STTB/diploma substitute letter issued by the principal dated September 3, 2020. However, other documents such as the resident ID card (KTP) was of La Ode Muhammad Rusman Emba.

The Petitioner also explained that official information regarding the name change was only the Raha District Court Decision No. 20/Pdt.P/2020/PNRah, passed on September 24, 2020 or one day after the KPU certified the regent in question as a running candidate. The Petitioner questioned the KPU’s legal basis in declaring that La Ode Muhammad Rusman Untung was La Ode Muhammad Rusman Emba although he had been using a different name in documents until graduating from university.

In the petitum, they requested that the Court declare Candidate Pair No. 2 La Ode M. Rajiun Tumada-H. La Pili the winning pair in the 2020 Muna regent election.

Wakatobi Election Results Dispute

At the same hearing, the Court also examined the case No. 54/PHP.BUP-XIX/2021 on the 2020 election of Wakatobi Regency, filed by Candidate Pair No. 1 Ahrawi-Hardin Laomo. The Wakatobi Regency KPU certified the Petitioner’s vote acquisition at 29,901 votes, and that of Candidate Pair No. 2 H. Halliana-Ilmiati Daud (Relevant Party) at 31,937 votes, resulting in the gap between the two standing at 2,036 votes.

In their petition, the Petitioner alleged that the election organizers had committed violations and manipulation. “The vote count results certified by the Respondent was inaccurate because there was structured, systematic, and massive violations and/or mistakes made hierarchically by the KPPS [polling station working committee], PPS [polling committee], and KPU of Wakatobi Regency and the Wakatobi Bawaslu [Regency Elections Supervisory Agency] and its subordinates had overlooked them in order to inflate the votes for Candidate Pair No. 1 as much as possible,” said attorney Makhfud.

The Petitioner said the violations include the unverified relocated voters list (DPPh) and additional final voters list (DPTb), which were proven to not have met the requirements, and the Relevant Party’s campaign team’s and/or supporters’ intimidation of and threat against the Petitioner’s supporters.

Therefore, in the petitum, the Petitioner requested that the Court grant the petition in full and annul the Wakatobi Regency KPU Decree No. 326/PL.02.6-Kpt/7407/KPU-Kab/XII/2020 on the certification of the 2020 Wakatobi regency election vote counting recapitulation dated December 16, 2020 and order it to hold a revote (PSU) in 8 sub-districts, 95 villages, and 240 polling stations (TPS) throughout the regency.

Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan

Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 01/28/2021 07:36 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

---