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The Petitioner’s attorney M. Ikbal reading out the subject of the petition at the election results dispute hearing of East Luwu Regency, Thursday (28/1/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) continued holding a preliminary hearing of the 2020 regional head election (pilkada) results dispute on Thursday, January 28, 2021. In this second session, Panel I justices heard three cases: No. 96/PHP.BUP-XIX/2021 for East Luwu Regency, No. 118/PHP.BUP-XIX/2021 for North Luwu Regency, and No. 69/PHP.BUP-XIX/2021 for Pangkajene and Kepulauan Regency.

Based on the final vote counting certified by the East Luwu Regency KPU, Candidate Pair No. 2 Irwan Bachri-Andi Muh. Rio Patiwiri (Petitioner of case No. 96/PHP.BUP-XIX/2021) earned 77,228 votes while Candidate Pair No. 1 M. Tharig Hussler–Budiman (Relevant Party) earned 86,351 votes. Their vote margin stands at 9,123 votes.

The Petitioner’s attorney Muhamad Ikbal alleged that the Relevant Party as incumbent had manipulated the election by, among others, transferring 86 officials in 6 months since the candidates were determined until the winning candidates were certified. For this, the Relevant Party should have been disqualified by the region’s KPU.

In addition, the Petitioner alleged, a video recording suggested an indication of money politics by the Relevant Party in several sub-districts. They also claimed to have a 5-minute sound recording that shows that the head of Kasintuwu Village had intimidated his village apparatuses to vote for Candidate Pair No. 1 and mobilized state civil apparatuses (ASN) for the pair’s win. This, they said, had harmed them and corroded democracy.

The Petitioner explained that violations had occurred at several polling stations (TPS) in Towuti and Tomoni Sub-districts, but there wasn’t any recommendation for a revote (PSU), on the ground that it was already 2 days after the voting while the violations was discovered after the vote counting.

“In addition, some additional final voters (DPTb) who were not residents of East Luwu Regency voted at several TPS. This occurred massively in Burau, Malili, Tomoni, and Nuha Sub-districts,” Iqbal said.

In the petitum, the Petitioner asked that the Court grant the petition in full and annul the East Luwu Regency KPU Decree No. 379/PL.02.6-Kpt/7324/KPU-Kab/XII/2020 on the certification of the 2020 East Luwu regency election vote counting recapitulation; disqualify Muhammad Thorig Husler-Budiman; and order the KPU to hold a revote (PSU) in Burau, Malili, Tomoni, and Nuha Sub-districts.

Electoral Manipulation in North Luwu Regency

At the same hearing, the Court also heard case No. 118/PHP.BUP-XIX/2021 for North Luwu Regency, filed by Candidate Pair No. 3 Arsyad Kasmar-Andi Sukma. The Petitioner through attorney Surrurudin alleged that Candidate Pair No. 2 Indah Putri Indriani–Suaib Mansur (Relevant Party) had committed structured, systematic, and massive (TSM) manipulation. As incumbents, they had allegedly abused their authority by delaying the election of 102 village heads, which should have been held simultaneously on April 2020, to April 2021. This had reduced the Petitioner’s votes massively. This supposedly influenced to the incumbents’ re-election in 2020, where they could abuse their position to influence voters.

“[As] the 102 villages were PNS [civil servants], they were under the North Luwu regent. This must have [resulted in] the mobilization of ASN, which influenced the votes,” Sururudin explained.

In the petitum, the Petitioner requested that the Court nullify the North Luwu Regency KPU Decree No. 401/Pl.02.3-Kpt/7332/KPU-Kab/X/2020, declare the Petitioner as regent and vice regent-elect in the 2020 election, and order a revote throughout the regency.

Structured, Systematic, and Massive Violations

Panel I—Chief Justice Anwar Usman (panel chair) and Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams—also heard the case No. 69/PHP.BUP-XIX/2021 on the dispute over the Pangkajene and Kepulauan regency election. Candidate Pair No. 2 Rahman Assagaf-Muammar Muhayang through attorney Agustiar alleged that there had been structured, systematic, and massive (TSM) violations in the election, including money politics in Bungoro, Minasatene, Pangkajene, Segiri, Tangaya, and Tondong Tallasa Sub-districts.

The Petitioner claimed that Candidate Pair No. 1 Yusran Lalogau-Syahban Samana had manipulated the election by influencing voters through social assistance of sembako (food staple items). Agustiar also alleged that the local camat (heads of sub-districts) had been gathered in one of the sub-districts through by invitation. The meeting discussed the incentives to use to influence voters. “Procurement of generators in fishing villages, which should have been for free, was made into a program claimed as [Candidate Pair No. 1’s] assistance. It actually came from the relevant SKPD’s [Regional Working Units] budgets,” Agustiar revealed.

In the petitum, the Petitioner appealed to the Court so that it annuls the Pangkajene and Kepulauan Regency KPU Decree No. 652/PP.02-6-Pu/7310/KPU-Kab/XII/2020 on the certification of the 2020 Pangkajene and Kepulauan regency election vote counting recapitulation and order it to hold a revote (PSU) in 6 sub-districts: Bungoro, Minasatene, Pangkajene, Segiri, Tangaya, and Tondong Tallasa.

The hearing for the three cases will resume on Thursday, February 4, 2021 to hear the Respondent’s response and the statements of the Relevant Party and Bawaslu as well as to approve the evidence.

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

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

Translation uploaded on 01/29/2021 04:57 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.

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