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The Petitioner’s attorney Mulyadi Marks Phillian reading out the subject of the petition at the election results dispute hearing of West Halmahera Regency, Thursday (28/1/2021). 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 on Thursday afternoon, January 28, 2021. In this third session, the Panel I justices heard three cases: No. 108/PHP.BUP-XIX/2021 for West Halmahera Regency, No. 09/PHP.BUP-XIX/2021 for South Halmahera Regency, and No. 57/PHP.BUP-XIX/2021 for North Halmahera Regency. Chief Justice Anwar Usman chaired the hearing alongside Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams.

At the beginning of the hearing, the justices examined the West Halmahera Regency case filed by Candidate Pair No. 2 Dany Missy-Imran Lolory. Attorney Mulyadi Marks Philian stated that the Petitioner’s votes placed second at 21,074, while that of the winning Candidate Pair No. 1 James Uang–Djufri Muhammad (Relevant Party) were at 22,524. The regency’s KPU Decree No. 136/HK.03.1-Kpt/8201/KPU-KAB/XII/2020 on the certification of the 2020 West Halmahera regency election vote counting recapitulation dated December 17, 2020 recorded the total valid votes at 66,849.

Mulyadi explained the high vote margin was due to structured, systematic, and massive (TSM) violations and manipulation by the election organizers in polling stations (TPS) in seven sub-districts: West Halmahera, Jailolo, South Jailolo, Ibu, North Ibu, South Ibu, Sahu, and Loloda. The Relevant Party’s campaign team mobilized voters who were unlisted in the final voters list (DPT). Meanwhile, the regency’s KPU ignored those unlisted voters to vote at TPS whose voters were recorded in additional final voters list (DPTb).

“The mobilization of such [sneaky] voters was meant to profit Candidate Pair No. 1 (Relevant Party). Meanwhile, the Respondent (the regency’s KPU) didn’t take any action, instead neglect the manipulation and was even involved in it,” Mulyadi added. Those phantom voters were inputted in the DPTb, and the DPTb attendance list was replaced by a blank paper. This goes against the KPU regulation for not following the voting procedure, where the attendance list to use should be one the KPU prepares. The violations and manipulation were a way to use these phantom voters for the Relevant Party’s win.

Therefore, in the petitum, the Petitioner appealed to the Court to annul the West Halmahera Regency KPU Decree dated December 17, 2020 on the certification of the 2020 West Halmahera regency election vote counting recapitulation and order that a revote be done.

Election Organizers’ Neutrality Questioned

At the same hearing, Panel I also heard the 2020 South Halmahera regency election results dispute filed by Helmi Umar Muchsin-La Ode Arfan. Attorney Fahrudin Maloko alleged that the regency’s KPU had certified that the Petitioner had earned 51,097 votes. The Petitioner believe the vote margin between them and the election’s winner was due to vote reduction at 139 polling stations (TPS) in Dapil (electoral district) I (West Bacan, North West Bacan, West Kasiruta, and Batang Lomang Sub-districts), Dapil II (Kayoa, North Kayoa, South Kayoa, West Kayoa, Makian Island, and West Makian Sub-districts), Dapil III (West Gane, North West Gane, and Central East Gane Sub-districts), Dapil IV (South Obi and Est Obi Sub-districts), and Dapil V (East Bacan, Central East Bacan, South East Bacan, South Mandioli Sub-districts and TPS in Bacan Sub-district overall).

Maloko also alleged the South Halmahera Regency KPU had violated the direct, public, and free democratic election and was dishonest in carrying out its duties and responsibilities by continuously sided with Candidate Pair No. 2 Usman Sidik–Hasan Ali Bassam Kasuba.

Still at the same preliminary hearing, Benny Hutabarat, the attorney of Petitioner Joel. B. Wogono-Said Bajak of case No. 57/PHP.BUP-XIX/2021 on North Halmahera Regency election requested that the Court order a revote at TPS 02 of Tetewang Village, TPS 04 of Bobane Igo Village and TPS 01 of Barumadehe Village in Kao Teluk Sub-district, TPS 01 and 02 of Roko Village in West Galela Sub-district, TPS 07 of Rawajaya Village in Tobelo Sub-district, TPS 01 and 02 of Supu Village in Loloda Sub-district, and TPS 05 of South Gorua in North Tobelo Sub-district.

He also conveyed the Petitioner’s witness’ complaint that the envelope containing the D form in Loloda Islands Sub-district was unsealed, that Bawaslu’s recommendation on violations by Candidate Pair No. 1 Frans Maneri–Muchlis Tapi Tapi hadn’t been followed by the regency KPU.

At the next hearing on Friday, February 5, 2021 at 08:00 WIB, the Court will hear the Respondent’s response and the statements of the Relevant Party and Bawaslu and approve the evidence for cases No. 108/PHP.BUP-XIX/2021. It will do so for case 09/PHP.BUP-XIX/2021 and 57/PHP.BUP-XIX/2021 on the same day at 13:30 WIB.

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

Translator: Yuniar Widiastuti
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 01/29/2021 11:52 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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