Samosir General Elections Commission: Petition of ‘Rap Berjuang’ Passed the Deadline
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Robintang Naibaho from Bawaslu of Samosir Regency conveyed a statement regarding the Petitioner's argument in the second hearing of Regional Head Election Result Dispute case of Samosir Regent at the Constitutional Court (MK), Wednesday (3/2). Photo: PR/Hermanto.

JAKARTA, Public Relations of the Constitutional Court—Samosir KPU (Respondent) answered the petition’s arguments of Candidate Pair No. 3 Rapidin Simbolon dan Juang Sinaga (Rap Berjuang) as the Petitioner of case No. 100/PHP.BUP-XIX/2021 in the second hearing. The agenda was listening the responses of KPU (General Elections Commission, Respondent), the statements of Bawaslu (Elections Supervisory Agency) and Relevant Party, as well as the approval of evidences.

"The petition has passed the deadline. This petition filed against the Respondent's Decree dated December 16, 2020 at 22.24 WIB, so it has exceeded the deadline stipulated by the applicable provisions," said the Respondent's attorney, Hadiningtyas in the Panel II presided by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

The Respondent also responded the argument regarding the nomination requirements, in Article 7 Paragraph 2 Letter M Jo. Article 7 Paragraph 2 Letter C Law No. 10 of 2016, that were not fulfilled by the candidate pair who won the most votes, Vandiko Timotius Gultom and Martua Sitanggang (Vantas) as the Relevant Party. They stated that there was no problem with the nominating conditions of Vantas candidate and the issue of the completeness of the Taxpayer Identification Number (NPWP), tax arrears, the certificate and the Electronic ID Card (e-KTP) under different names, as well as the bogus certificate of Candidate Pair No. 2. Hence, the Petitioners' arguments, according to the Respondent, were incorrect.

Moreover, The Respondent emphasized that they had never received a report from the public or Election Supervisory Body (Bawaslu) recommendation regarding the arguments of the Relevant Party distributed 60,000 sacks of rice, thousands of parcels, an amount of cash, souvenirs, and masks to voters.

Hereinafter, Bawaslu conveyed a statement to the Petitioner's argument regarding falsification of Jambi 1 Public High School certificate. The Petitioner argued that the certificate, used as a prerequisite for nomination, was believed belong to someone else. Then, the argument for the violation in terms of the distribution of 60,000 sacks of rice, 60,000 parcels, and masks to 60,000 voters by the winning candidate pair. While, there were also distribution of souvenirs with a total amount of IDR 900,000 to IDR 1,000,000 to voters. Bawaslu emphasized that there were no findings on the alleged violations and no evidence was found, so it did not fulfill the elements of a criminal allegation.

Vantas (Relevant Party) in their statement firmly disprove the arguments of the difference in votes due to TSM manners and money politics in the implementation of the election. According to the Relevant Party, the Petitioner did not explain their correction in votes difference. The Relevant Party also disprove the alleged violation of the high school certificate falsification.

Hereinafter, Panel II Justices questioned the difference in the signature of Hutur Irvan V. Pandiangan, one of the Relevant Party's attorneys. This difference is stated in the three documents, which are the power of attorney, the application letter as a Relevant Party, and the statement of the Relevant Party.

"The three documents have names and signatures. But all three have different signatures and are very much different. This is just a reminder. If you do things that are not right, there are consequences," said Aswanto.

Hutur emphasized that the signatures on the three documents were true, he was the one who signed them. He reasoned that his signature was different because he was sick when he signed.

Obscurity of Arguments

Panel II also heard the cases of South Tapanuli Regent Election Results Disputes and Tanjung Balai Mayor Election Results Dispute. South Tapanuli KPU (Respondent) objected the arguments of Candidaet Pair No. 1 Mhd. Yusuf Siregar and Roby Agusman Harahap (Petitioners for case No. 22/PHP.BUP-XIX/2021). Particularly in the argument regarding the existence of voters who voted under someone else's name, which resulted additional votes for Candidate Pair No. 2, for at least around 13,000 votes in all alleged districts. Also, multiple voters, who vote more than once, resulting an additional at least 12,310 votes.

The Respondent believed the arguments were very unclear. It is in Respondent’s questions who the voters were, and who voted repeatedly. The Respondent considers that this argument is farfetched, untrue, and groundless. Meanwhile, Candidate pair No. 2 Dolly Pasaribu and Rasyid Dongoran (Relevant Party) also objected all of the Petitioners' arguments.

Far-fetched and Groundless

Tanjung Balai KPU disprove the arguments of Candidate Pair No. 1 Eka Hadi Sucipto and Gustami (Petitioner for case No. 76/PHP.KOT-XIX/2021). One of them was the allegation of TSM violations carried out by the Tanjung Balai KPU along with Candidate Pair 3. There have been mobilization and briefing to voters in order to win the 2020 Major Elections. Bawaslu also disprove any violation findings in the field performed by Bawaslu’ officers.

"The Respondent's argument is far-fetched, groundless, and without legal basis," said one of the Respondent's attorneys, Hasan Basri.

Meanwhile, Candidate pair No. 3 H.M. Syahrial and Waris (Relevant Party) also said so. In particular, the allegations of violations and frauds in TSM manners. They also responded to the Petitioner's argument which stated that the vote acquisition determined by the Respondent was detrimental to the Petitioner and was incorrect. Regarding this matter, the Relevant Party emphasized that the Petitioner should also convey the correct votes according to the Petitioner.

 

 

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

Translator: SO
Editor: NL

Managing Editor: BW

Translation uploaded on 02/04/2021 16.04 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.


Thursday, February 04, 2021 | 10:36 WIB 288