---

The Petitioners’ attorney of Nabire Regent Election Result Dispute was present at the hearing session in MK, Thursday (2801). Photo: PR/Ilham

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT – the 2020 Nabire Regent Election Results Dispute examined in the session of Panel 2 of the Constitutional Court (MK), Thursday (28/01/2021) at 08.00 WIB in which three petitioners submitted petitions. First, the petition No. 84/PHP.BUP-XIX/20 filed by Fransiscus Xaverius and Tabroni bin M Cahya. Second, the petition No. 101/PHP.BUP-XIX/2021 filed by Yufinia Mote and Muhammad Darwis. Third, the petition No. 116/PHP.BUP-XIX/2021 filed by Deki Kayame dan Yunus Pakopa. The election dispute session was led by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

As for the object of the dispute over the 2020 Nabire Regent Election Result, namely the petition for the annulment of General Election Commission (KPU) Decree (Respondent) No. 54/PL.02.6-Kpt/9104/KPU-Kab/XII/2020 concerning the certification of vote result recapitulation as per December 17, 2020. In the recapitulation, it was stated that the Yufinia Mote and Muhammad Darwis (Candidate Pair No. 1) received 61,423 votes, Mesak Magai and Ismail Djamaludin (Candidate Pair No. 2) received 61,729 votes and were declared as the most voted candidate, and Fransiscus Xaverius and Tabroni Bin M Cahya (Candidate Pair No. 3) received 46,224 votes.

Heru Widodo, as the attorney for Yufinia-Muhammad, stated in the hearing that the recapitulation results of the Nabire Pilkada were invalid. Heru also explained the background of Yufinia-Muhammad rejecting the recapitulation result set by KPU.

"There are two things backgrounded the Candidate Pair No. 1 rejecting KPU recapitulation results, namely the recommendation of Nabire Election Supervisory Agent (Bawaslu) for re-voting in 18 polling stations (TPS) spread in Kampung Distrik Dipa and Bawaslu's recommendation to annul the remaining 423 votes which were distributed to the candidate pairs at TPS 01 and 02 which was not implemented by the Respondent, "said Heru Widodo.

At the same time and place, Eddy C Wabes as the attorney for Candidate Pair No. 3 Fransiscus-Tabroni explained the arguments of the petition. Eddy revealed that there are fundamental and crucial problems such as determining the Final Vote List (DPT), unprofessionalism of organizers, and multiple voters.

"This has led to our clients' votes positioned below the Candidate No. 1 and No. 2," said Eddy. He further explained Eddy that in the process of determining the DPT conducted by the Respondent, the validity could not be accepted because there were many irregularities such as the mismatch between the DPT number and the population of Nabire Regency on the Ministry of Home Affairs website. This is because there is data on multiple voters at several TPS.

Determining Process of the Regent Candidate Is Considered Odd

Meanwhile, Abel Rumbiak as the attorney of Deki Kayame and Yunus Pakopa explained that the 2020 Nabire Regency Pilkada had been conducted dishonestly and unfair. "There were violations in the process of determining the candidate pairs resulted the Petitioner to not become a participant in Nabire Regional Election," said Habel.

One of the violations referred to was a factual verification carried out by the Respondent and Polling Committee (PPS) which was not properly implemented according to the rules of Article 23 KPU Regulation (PKPU) No. 3 of 2017 in conjunction with (PKPU) No. 1 of 2020.

Based on the arguments carried in the petition, the three petitioners requested MK to grant the Petitioner's petition entirety. The Petitioners asked MK to annul KPU Decree No. 54/PL.02.6-Kpt/9104/KPU-Kab/XII/2020 and ordered the Respondent to re-vote (PSU) by including the Deki Kayame and Yunus Pakopa as one of the 2020 Pilkada participants in Nabire Regency.

Writers: Siti Rosmalina Nurhayati

Editor: Nur R.

Uploader: Nur Budiman

Translator: SO (Indah Apriyanti)

 

Managing Editor: BW

 

Translation uploaded on 01/28/2021 at 211.56 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.

---