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Daniel Tonapa Masiku as the attorney for General Elections Commission (KPU) gave his explanation in the Regional Head Election Results Dispute of Sorong Selatan, Thursday (04/02). Photo by Public Relations/Teguh.

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT—Constitutional Court held the second hearing for 2020 Regional Head Election Results Disputes in South Sorong Regency on Thursday (04/02). In the case Number 31/PHP.BUP-XIX/2021 filed by Candidate Pair Number 3 Yance Salambauw and Feliks Duwit, attorney for the General Elections Commision (KPU) of South Sorong Regency, Daniel Tonapa Masiku explained that KPU accepted Alfons Sesa (incumbent) as the Candidate Pair for Vice Regent of South Sorong as he had submitted a resignation letter to the Human Resources Development Body of Papua.

“The resignation letter had been passed to Regional Staffing Body (BKD) and National Staffing Body (BKN), which was then submitted to KPU on 24 September 2020,” he explained.

He further explained that based on the Article Number 69 of PKPU Number 3 Year 2017 which explained the Article 40 of Law Number 10 Year 2016, KPU believed that Candidate Pair Number 1 Samsudin Anggiluli and Alfons Sesa are eligible to run the 2020 Regional Head Election (Pilkada) of South Sorong.

Dismissal Letter

Head of Elections Supervisory Body (Bawaslu) of South Sorong, Yulius Yarollo revealed that they only found the documents for candidacy qualifications of Alfons Sesa in BKD, not his Dismissal Letter.

Regarding the Dismissal Letter, Bawaslu representative, Nasil Filmi further explained that after coordinating with Bawaslu in Province and National level, they found a series of data and activities in order to get the Dismissal Letter. 

“Alfons Sesa was a IV/D level civil servant so his Dismissal Letter should be signed by the President. When applying for candidacy, he was given 30 days to complete his documents but he failed to do so. However, a letter from BKN was present. KPU solely used the resignation letter as the basis of his candidacy,” he explained in the Panel III hearing chaired by Justice Arief Hidayat accompanied by Justices Manahan MP Sitompul and Saldi Isra.

Fulfilling the Requirements

Harli Muin as the attorney for Relevant Party explained that his side had fulfilled the requirements to be Candidate Pair for Regent and Vice Regent of South Sorong.

“We had submitted a proposal letter on 5 September and applied as Candidate Pair to KPU. KPU informed there were some documents needed to complete. Related to the resignation letter, we already have a certificate of resignation or dismissal as a civil servant signed by the President dated on 1 November 2020,” explained him in the Panel III courtroom.

Candidacy Requirements

Nahum Krimadi representing the Respondent on case Number 36/PHP.BUP-XIX/2021 explained about the candidacy requirements according to the KPU Regulation Number 1/2020 which should be completed upon application. If documents were not completed upon application, candidate should be given time to complete it.

One of the candidacy requirements was a confirmation letter applying as a candidate pair. This point further demanded that if the candidate was a National Army or Police, they should resign as a civil servant.

“The resignation letter then should be signed on a stamp. There were also forms like a curriculum vitae of the candidate pair and a resignation letter,” he explained.

Early Vote

Within the same hearing, Court also held the hearing for case Number 36/PHP.BUP-XIX/2021 filed by the Candidate Pair Number 4 Pieters Kondkol and Madun P. Narwawan with the agenda of hearing Respondent’s Answer and Explanation from the Relevant Party(s) and Bawaslu. Daniel Tonapa Masiku, as the Respondent’s attorney mentioned that they had redo the voting due to the alleged violation in polling station (TPS) 01 Kampung Adona, North Kokoda Distrcit based on the Bawaslu recommendation.

“Voting redo (PSU) was done as the initial voting was done before the time. It should be on 9 December 2020 at 07.00 until 13.00 but it was done on 8 December 2020 instead,” he said.

Voting Redo

Concerning the voting redo done by KPU in TPS 001 Kampung Adona, North Kkoda District, Nasil Filmi explained that there was a double voter done by one KPPS member on 10 December 2020 as much as 345 votes. Therefore, a voting redo was done on 13 December 2020 with the result as following: Candidate Pair Number 1 Samsudin Anggiluli-Alfons Sesa received 342 votes, Candidate Pair Number 2 Yunus Saflembolo-Alexander S.E. Daida received 2 votes, Candidate Pair Number 3 Yance Salambauw–Feliks Duwit received 14 votes, and Candidate Pair Number 4 Pieter Kondjol–Madun Narwawan received 2 votes. Totally there were 360 valid votes and 4 invalid votes.

“Concerning the KPPS member, clearly a violation was done and had been taken care. However, as quick action was necessary, Bawaslu only focused on the voting redo and replacement of the KPPS members. So, bawaslu did not report to Gakkumdu and only made it an administrative violation,” he explained.

Writer Sri Pujianti.

Editor: Nur R.

Uploader: Rudi

Translator: WAD (IA)

Managing Editor: BW

Translation uploaded on 5 February 2021 at 21.50 WIB

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