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The Petitioner’s attorney Swardi Aritonang explaining the subject matters of the petition at the election results dispute hearing of South Tangerang City, Friday (29/1/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The 2020 South Tangerang regional head election (pilkada) was rife with structured, systematic, and massive (TSM) manipulation and violations, alleged Candidate Pair No. 1 Muhamad–Rahayu Saraswati D.Djojohadikusumo through their attorney Swardi Aritonang before the Constitutional Court’s (MK) justices on Friday, January 29, 2021. The preliminary hearing, which was presided over by Chief Justice Anwar Usman alongside Constitutional Justices Enny Nurbaningsih and Wahiduddin Adams, heard three cases: No. 115/PHP.KOT-XIX/2021 for South Tangerang City, No. 74/PHP.BUP-XIX/2021 for Pandeglang Regency, and No. 122/PHP.BUP-XIX/2021 for Mamuju Regency.

In case No. 115/PHP.KOT-XIX/2021, Aritonang alleged that distribution of the National Zakat Board (BAZNAS) funding was used to campaign for the Candidate Pair No. 3 Benyamin Davnie–Pilar Saga Ichsan (Relevant Party). Incumbent deputy mayor Benyamin Davnie was re-elected, while Pilar Saga Ichsan is a nephew of incumbent mayor Airin Rachmi Diany. The South Tangerang City KPU certified 205,309 votes for Muhamad–Rahayu Saraswati D.Djojohadikusumo and 235,734 votes for Benyamin Davnie–Pilar Saga Ichsan.

Aritonang said that based on the facts that the Petitioner had discovered, incumbent mayor Airin as a member of their rival’s campaign team’s steering committee had distributed a donation to orphans to 54 villages in 7 subdistricts throughout the city. The subdistricts are Pondok Aren, Serpong, East Ciputat, and North Serpong. The donation came from BAZNAS.

“The mayor didn’t have the authority to distribute zakat donation, especially as South Tangerang mayor Airin Rachmi Diany was in the steering committee of Candidate Pair No. 3’s campaign team,” Aritonang stressed.

Moreover, the Petitioner also alleged that the mayor Airin, deputy mayor Benyamin Davnie (Relevant Party) had been in a meeting with all camat (subdistrict heads) and regional apparatus organizations (OPD) throughout the city.

“There was a consolidation meeting at the Pamulang Subdistrict Office, attended by South Tangerang mayor Airin Rachmi Diany, Pamulang subdistrict head Mukroni, Pamulang subdistrict secretary Ayadih, Benda Baru village head Saidun, Bambus Apus village head Subur, Pondok Benda village head Udin Saad, West Pamulang village head Supryadi, East Pamulang village head Rahmat Hidayat, Pondok Cabe Ilir village head Munadi, Pondok Cabe Udik village head Abdul Malik, and Kedaung village head Mulyadi for the campaign of Candidate Pair No. 3 in the 2020 South Tangerang mayoral election. The incident was reported to the South Tangerang Elections Supervisory Agency (Bawaslu) in report No. 037/Reg/LP/PW/Kot/11.03/XII/2020. They were declared guilty of maladministration,” Aritonang revealed.

He added that the KPU as organizer failed to maintain neutrality and independence in the city election as 280 polling station working committee (KPPS) members were part of the Relevant Party’s campaign team. He also explained that some voters couldn’t vote in the election because they hadn’t received the C model KWK notice form. However, some double-voted at the same polling stations (TPS) using another person’s C-6-KWK invitation at TPS 015 in Ciater Village of Serpong Subdistrict.

Therefore, In the petitum, the Petitioner requested that the Court annul the South Tangerang KPU Decree No. 470/HK.03.1-Kpt/3674/KPU-Kot/XII/2020 on the certification of the 2020 South Tangerang Regency election vote counting recapitulation dated December 17, 2020, disqualify Candidate Pair No. 3, and order the Respondent to hold a revote at all polling stations in the city.

ASN Not Neutral in Pandeglang Election 

At the same hearing, Panel I bench also heard the Pandeglang Regency case No. 74/PHP.BUP-XIX/2021 filed by Candidate Pair No. 2 Thoni Fathoni–Miftahul Tamamy. They alleged that the head of Cimanggu Subdistrict had violated the principle pf neutrality. Through attorney Robinson they said they couldn’t access Bawaslu’s (Elections Supervisory Agency) website although they had reported the violation to Pandeglang Regency Bawaslu online. They suspected that Bawaslu had neglected its duty.

In the petitum, the Petitioner requested that the Court order the KPU to hold a revote in 35 subdistricts across the regency or in those where, based on evidence, violations had happened during the election campaign.

Violations against Mamuju Regency Election Requirements 

The justice panel also examined Mamuju regency election dispute case No. 122/PHP.BUP-XIX/2021 where Candidate Pair No. 2 Habsi Wahid–Irwan Satya Putra Pababari alleged that the regency’s KPU (Respondent) had certified regent candidate Ado Mas Ud, who used another person’s diploma when applying. The Petitioner alleged that the Respondent had failed to verify Ado’s application document comprehensively. They had reported it to Bawaslu, who didn’t clarify the issue to them or the Relevant Party.

Besides that, the Petitioner also alleged that 6,135 additional voters had unlawfully voted in three subdistricts and that over 3,000 voters were not recorded in the final voters list (DPT). Therefore, they appealed to the Court to have the Mamuju Regency KPU decree on the vote acquisition of Candidate Pair No. 1 Sitti Sutinah–Ado Mas Ud annulled and for the Petitioner to be declared the election winner.

The next hearing on Friday, February 5, 2021 at 16:30-18:00 WIB will hear the Respondent’s response and the statements of the Relevant Party and Bawaslu and to approve evidence for cases No. 74/PHP.BUP-XIX/2021 and 115/PHP.KOT-XIX/2021. Meanwhile, such a hearing for case No. 122/PHP.BUP-XIX/2021 will take place on Thursday, February 4, 2021 at 14:00-16:00 WIB.

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

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

Translation uploaded on 01/29/2021 18:44 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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