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Baron Harahap as the attorney of Wakatobi KPU while attending the second hearing of the Regional Head Election Results Dispute, on Thursday (04/02) in the Court Room. Photo: PR/Ifa.

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT - The Constitutional Court (MK) held the second hearing of Wakatobi Regent Election Results Dispute case No. 54/PHP.BUP-XIX/2021 filed by Ahrawi and Hardin Laomo. Wakatobi KPU (Respondent) represented by Baron Harahap gave explanations about 74 Final Voters List (DPT) in which the voters          were invalid because they did not sign on form C KWK attendance list. According to the Respondent, the argument was premature because if it happened that way, they would be disqualified as ghost voters. According to the Respondent's investigation results, on January 24, 2021, KPU had opened the ballot box and found 79 voters who were negligent in signing form C of the DPT Voters Attendance List.

"Especially in TPS 5, there were 25 people who did not sign the attendance list form C because they mistakenly filled out the attendance list on the Additional Voters List (DPTb). Furthermore, at TPS 7 there were 54 voters who mistakenly filled out the Supplementary and Transfer Voters lists even though they were DPT voters and a voter who did not fill out the attendance list at TPS 8, "said Baron

Meanwhile, Erna Ratnaningsih as the attorney of Candidate Pair No. 2 H. Halliana and Ilmiati Daud (Relevant Party) stated that the Petitioner did not have a legal position because of the difference in vote acquisition was 2,036 votes or 3.29% and far beyond the maximum difference of 2%. Bosman, also the attorney of the Relevant Party opposed the allegations of fraud which were classified as structured, systematic, and massive (TSM) violations spread across 8 Districts, 9 Villages, and 240 Polling Stations (TPS) due to the DPTb 1,883 voters claimed who were not residents of Wakatobi and Transferred Voters List (DPPh) of 537 voters, who do not meet the requirements.

"The Petitioner only presents a table with the same substance over and over again without being able to describe the existence of a legal incident as a violation of TSM" said Bosman. Furthermore, according to him, the Petitioner only accused without basis by concluding that 1,883 voters in the DPTb were not residents of Wakatobi without describing who the voters were in detail.

The Petitioner argued that there were violations and fraud committed by the election organizer. The votes acquired by the candidate pairs were incorrect due to TSM violations and/or errors committed, occurred in every level of Wakatobi Regency from Polling Station Working Committee (KPPS), Polling Committee (PPS), Distict Elections Committee (PPK), and KPU. As well as omission by Bawaslu and its subordinates, solely for the sake of increasing the votes acquired by the Relevant Party.

No Such Passed the Candidate

At the same session, Panel I also held a preliminary hearing session of case No. 122/PHP.BUP-XIX/2021 of Mamuju Regent Elections Result Dispute. Chitto Cumbhardrika as the attorney for Mamuju KPU (Respondent) objected the Petitioner's argument regarding fraud committed by passing Ado Mas Ud as the candidate who used a fake diploma, which were not true. The Respondent has received registration and carried out verification of the two prospective candidates on September 6, 2020. In addition, the documents received by Respondent are complete in accordance with the applicable provisions.

"The implementation of elections from the registration stage, the examination of the required documents, to the determination of the candidate have been carried out in accordance with the decision of the KPU RI regarding technical guidelines for registration, research, and improvement of the required documents for the determination and ticketing of serial numbers for Governors, Regents and Mayors," explained Chitto. Hence in the petitum, the Relevant Party asked the Constitutional Court to grant the exception entirely and rejected all of the Petitioner's petition.

Meanwhile, Bawaslu represented by Faisal Jumalang also responded to the argument about the use of fake diplomas of the Relevant Party. Bawaslu had supervised all stages regarding the nomination, from announcing the registration of prospective candidates, verification, terms of nomination and requirements, candidates’ factual verification, improving candidate requirements, and never found any violations committed by the KPU. (*)

 

Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan
Translator: SO 
Editor: (NL)

Managing editor: BW

Translation uploaded on 02/05/2020 15.51 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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