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South Kalimantan KPU, through his attorney Ali Nurdin, delivered their answers in the hearing session of case No. 124/PHP.GUB-XIX/2021, at the Constitutional Court on Monday (01/02). Photo: PR/Ilham.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court again held a hearing for the 2020 Governor Elections Result Dispute on Monday (1/2/2021). The agenda was listening the response of KPU (General Elections Commission, Respondent), the statements of Bawaslu (Elections Supervisory Agency), and Relevant Party.

The hearing was divided into three panels. Panel II, is in charge for South Kalimantan Governor Election Result Dispute of case No. 124/PHP.GUB-XIX/2021 filed by Candidate Pair No. 2 Denny Indrayana and Difriadi (Denny-Difri), and Banjarmasin Mayor Election Result Dispute of case No. 21/PHP.KOT-XIX/2021 filed by Candidate Pair No. 4 Ananda and Mushaffa Zakir.

South Kalimantan KPU (Respondent), denied the argument of Denny-Difri's petition. In the preliminary hearing, Tuesday (26/1/2021), Denny-Difri questioned the violations during the regional elections and the Respondent's decision regarding the vote count results recapitulation.

"The Petitioner did not explain the reasons for the vote count recapitulations’ errors by the Respondent. The Petitioner also did not contain the correct vote count results according to them, " said the attorney of the Respondent, Ali Nurdin to the Panel presided by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

Thus, according to the Respondent, the Petitioners' petition is unclear and does not comply with the provisions stipulated in the Constitutional Court Regulation (PMK) No. 6 of 2020. Also, the Petitioner's petitum is unclear due to the imprecise posita.

"Whether the Petitioner demanding a re-vote at several Polling Stations (TPS) or in all TPS  which in question," said Ali who also rejected the Petitioner's accusations regarding vote mark-ups, intimidation, and threats made by the Relevant Parties during the elections.

Meanwhile, the Head of South Kalimantan Bawaslu Erna Kasypiah conveyed the results of the supervision regard to KPPS officers at several TPS in Binuang District. Bawaslu did not find any violations and fraud that violated the principles of direct, public, free, honest and fair (luber jurdil) by Candidate Pair No. 1 Sahbirin Noor and Muhidin (incumbents) as the Petitioner accused.

"Furthermore, regarding the Petitioners' argument in balloting, where the voters according to the Final Voters List (DPT) have died in Tapin Regency, Bawaslu also rejects the accusation," said Erna.

Tapin Regency Bawaslu has also made recommendations for alleged ethical violations to the KPPS and KPU. Meanwhile, the criminal allegations were forwarded to the Gakumdu Center.

In addition, Erna responded to allegations of Sahbirin Noor and Muhidin in the campaign of misusing social assistances for handling Covid-19 and staple food packages. Erna emphasized that South Kalimantan Bawaslu had never found any violations of the abuse of Covid-19 social assistance and basic necessities during the campaign.

"South Kalimantan Bawaslu has handled violations related to the alleged misuse of social assistance in handling Covid-19 and staple food packages for the incumbent's campaign. Bawaslu has never found any violations committed by the incumbent regarding that," said Erna who further explained that according to Bawaslu's supervision, there were no violations committed by the incumbent who allegedly inflated votes, damaged ballots, and money politics during the regional elections.

Meanwhile, Sahbirin-Muhidin as the Relevant Party, through his team of attorneys, stated that the amendments to the petition were not in accordance with the one read out by the Petitioners in the hearing. Apart from that, they rejected all the arguments of the Petitioner because there were no facts. From the objection of the 100 percent attendance rate at several TPS in the midst of declining public participation in elections, then the objection of allegations of fraud by the KPPS to cast the ballots first for the Candidate Pair No. 1, until the objection of misuse of social assistance funds which was used as a campaign tool for the incumbent such as water reservoirs for washing hands regard to Covid-19 which spread throughout all districts/cities in South Kalimantan, affixed with a self-image sticker in the form of a picture and name of "Paman Birin" plus the tagline "Moving".

Banjarmasin KPU Denies Ananda-Mushaffa's Accusation

Hereinafter, the panel held the hearing session for Banjarmasin City. In the KPU response, the request of Candidate Pair No. 4 Ananda-Mushaffa Zakir was vague and unclear. The reason is, on the one hand, the Petitioner asked for the disqualification of the election winner. On the other hand, the Petitioner questioned the election process which was considered numerous violations. Next, the KPU assessed that there was a conflict between the Petitioner's posita and petitum, then they clearly explain the reasons for their petition.

Meanwhile, Banjarmasin Bawaslu emphasized that there were no findings of violations from the results of the supervision of the alleged of social assistance and direct cash assistance, which was carried out to win Candidate Pair No. 2 as the incumbent and winner of the regional elections. Bawaslu also did not find any violations, both in the scope of the province, district, or city related to the installation of videotron in Banjarmasin during the campaign.

Candidate Pair No. 2 Ibnu Sina and Arifin as the Relevant Parties said that the Petitioner did not discuss the difference number of votes determined by the Respondent, but the Petitioner asked for the annulment of the votes count result determined by KPU and also did not describe the correct difference in votes according to the Petitioner, but instead questioned election violations.

Writer: Nano Tresna Arfana
Editor: Nur R.
Uploader: Nur Budiman
Translator: SO

Editor: Indah Apriyanti

Managing Editor: BW

Translation uploaded on 02/02/2021 16.57 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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