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Panel 2 of presided by the Deputy Chief Justice of the Constitutional Court, Aswanto listened to the statement of Banjar Regency KPU, in the regional election results dispute, Monday (01/02). Photo: PR/Ilham

Jakarta, JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) - The second hearing of the 2020 Banjar Regional Election Results Dispute was held at the Constitutional Court (MK) on Monday (1/2/2021) at 10.45 WIB. The agenda was to hear the Petitioner's answer, the relevant Party's and Elections Supervisory Body’s (Bawaslu) statement, as well as the confirmation of the evidence. The session held in Panel II as presided by Deputy Chief Justice of MK Aswanto accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

The petition of Banjar Regent Election Result Dispute filed by two candidate pairs Firstly, petition No. 123/PHP.BUP-XIX/2021 filed by Candidate Pair No, 2 Andin Sofyanoor-Muhammad Syarif Busthomi. Secondly, petition No. 121/PHP.BUP-XIX/2021 by Candidate Pair No. 3 Rusli and M. Fadhlan.

In response to Andin Sofyanoor-Muhammad Syarif Busthomi's, who received 1,268 votes, Banjar Regency General Election Commission (KPU) as Respondent, through their attorney Roni Mulyazi provided answers to all the arguments which were the basis of the petition.

"Based on the petition Point 1, Page 7 in Sambung Makmur District, the Petitioner claimed that there was a ballot taking in 4 villages, as many as 11 Polling Stations (TPS) without any news of the ballot taking event for voters but not registered in the Final Voters List (DPT) in Madurojo village. Based on the facts in the field, there was heavy rain that did not allow to spread the voters to other TPS. Thus, to protect the constitutional rights of voters, District Election Committee (PPK) voters take the initiative to take ballot papers from other TPS. The number of ballots taken at other TPS was including TPS 1 Batu Tanam Village for 10 votes, TPS 2 Batu Tanam Village for 5 votes, TPS 3 Batu Tanam Village for 20 votes, TPS 4 Batu Tanam Village for 9 ballots, TPS 1 Gunung Batu with a total of 6 votes, TPS 3 Desa Gunung Batu for 12 votes, and a number of other ballot papers that we poured into the documents we submitted to the Secretary. With that explanation, the Application Trees related to the taking of ballot papers can be categorized as completed," said Roni.

Furthermore, the attorney of KPU Banjar Regency explained regarding the document C Plano in Martapura District, TPS 17, which was brought by the Chairman of KPPS and was found damaged. This is due to the day of the polls on December 9, 2020, there was heavy rain that caused C KWK Plano results to be wet. To avoid the damage of the ballot papers and other documents, these documents were not included in the ballot box.

KPU Banjar Regency through its legal attorney also responded to the unsealed ballot box. According to KPU Banjar Regency, the problem has been resolved at the sub-district level by recalculating the number of votes where the result of the recount is the same as the previous calculation, so that the problem is considered resolved. Hereinafter, KPU also rejected the Petitioner’s argument, except that which is explicitly acknowledged as true according to the law. In general, the implementation of the election of the 2020 Regent Election Results Dispute went smoothly and appealed with all the arguments of the petition at the preliminary hearing session.

Explanation from Banjar Election Superviosry Body (Bawaslu)

Banjar Bawaslu in statement at the hearing session stated that they had clarified the reports submitted by Andin Sofyanoor-Muhammad Syarif Busthomi. On the day of the voting, there is heavy rain where the voting process should be stopped and based on Bawaslu supervision, the ballot box should be secured to prevent damage. This is a joint agreement with the TPS concerned. Based on the facts in the field, the frauds perpetrated by Andin Sofyanoor-Muhammad Syarif Busthomi according to the Petitioner cannot be proven.

Obscuur Libel Application

Hereinafter, Banjar KPU responded to the argument of Rusli and M. Fadhlan. Through the same legal attorney, Roni Mulyazi, they conveyed to the panel that the petition filed by Rusli and M. Fadhlan which submitted at the previous hearing, was obscuur libel or unclear.

"For every reason expressed in the main petition, the Applicant does not include the explanation of the error in the calculation of the vote result by the Respondent," said Roni.

Furthermore, for the petition which asked the Court to annul the vote result recapitulations, the petitioner only submitted various allegations of fraud and violations committed by other candidate pair. Overall, Banjar KPU rejected all petitions filed by Rusli and M. Fadhlan because violations related to election administration and alleged election disputes are the authority of Bawaslu. Meanwhile, the alleged criminal acts submitted in the main petition are the authority of integrated law enforcement centers such as Bawaslu, Police, and Attorney.

Writer: Siti Rosmalina Nurhayati.

Editor: Nur R.
Uploader: Nur Budiman

Translator: SO 

Editor:Indah Apriyanti

Managing Editor: Budi Wijayanto

Translation uploaded on 02/02/2021 11.32 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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