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The Relevant Party’s attorney AH. Wakil Kamal (right) at the second hearing of the East Halmahera Regency election results dispute, Friday (5/2/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court’s (MK) Panel I bench held the second hearing of the 2020 East Halmahera regency election (pilkada) results dispute cases on Friday, February 5, 2021. The agenda was to hear the responses by the Respondent, the statements by the Relevant Party and Bawaslu (Elections Supervisory Body), as well as to approve evidence for cases No. 26/PHP.BUP-XIX/2021 and 30/PHP.BUP-XIX/2021. Chief Justice Anwar Usman chaired the hearing alongside Constitutional Justices Wahiduddin Adams and Enny Nurbaningsih.

The justices began the hearing with case No. 26/PHP.BUP-XIX/2021 by Candidate Pair No. 1 Thaib Djalaluddin-Noverius Bulango (Petitioner). The attorney of the Respondent (East Halmahera Regency KPU/General Elections Commission) Hendra Kasim refuted the alleged mobilization of additional voters in the DPTb at 75 polling stations (TPS) in ten subdistricts by KPPS (polling station working committee) to benefit Candidate Pair No. 2 Irwan Bachri-Andi Muh. Rio Patiwiri. The Respondent believes there were 1,968 additional voters while the vote margin between the Petitioner and the Relevant Party was 10,632 votes. Therefore, it is not true that the additional voters had affected the election results. The Respondent also said the assertion that additional voters had voted for the Petitioner was unconfirmed because voters’ choice in the election was confidential.

Petition Past Deadline

Meanwhile, AH. Wakil Kamal, the attorney of Candidate Pair No. 2 Ubaid Yakub-Anjas Taher (Relevant Party) asserted that the petition shouldn’t be accepted because it was past the deadline. The Respondent certified the recapitulation results on December 15, 2020 and the deadline was 3 work days afterward. However, the Petitioner filed the petition on December 18, 2020. Therefore, the Relevant Party appealed to the Court to dismiss the petition.

The Relevant Party also responded to the Petitioner’s allegation of an administrative violation regarding the ASN (state civil apparatus) resign requirement by regent candidate Ubaid Yakub. Wakil said that the Petitioner had previously explained that the Relevant Party was a replacement because the initial candidate nominated by the political party had died when running as a regent candidate and that the resignation letter was done after application. Wakil added that the resignation letter had been submitted to the North Maluku Province KPU on November 4, 2020—well within the deadline of 30 days before voting day by November 9, 2020.

Next, on behalf of the East Halmahera Regency Bawaslu, Suramat Kadir said Bawaslu didn’t receive any finding or report of violations by election organizers at the TPS in 102 villages. East Halmahera Bawaslu’s Legal Division Coordinator Basri Surair testified that since voting until vote counting, no objection was received from the candidate pairs’ witnesses at 204 TPS. Bawaslu indeed received a report of the Petitioner’s witnesses’ request that the ballot boxes be opened, which was rejected by the Respondent. Bawaslu recommended that the KPU open the ballot box at TPS 01 of Labi-Labi Village in North Wasile because 5 ballots were marked symmetrically but not on the other candidate pair’s column, which were then invalidated by the KPU members. In response to the recommendation, the Respondent opened the ballot box and validated those ballots.

Next, the justices examined the East Halmahera pilkada dispute case No. 30/PHP.BUP-XIX/2021 by candidate pair No. 3 Moh. Abdu Nasar-Azis Ajarat. On behalf of the Respondent, Hendra Kasim said the Petitioner didn’t have legal standing because the vote margin between them and the Relevant Party was way above the 11% threshold. He also explained that the Petitioner claimed that the subdistrict election committee (PPK) didn’t show them the C from—which shows the additional and relocated voters—and refused their request that ballot boxes be opened at the subdistrict level. The PPK reasoned that the Petitioner’s witnesses only raised an objection after the recapitulation when they should’ve had during. The ballot boxes could be opened only with a recommendation by the Panwascam (subdistrict election supervisory committee). Without such a recommendation, the PPK refused to grant the Petitioner’s witnesses’ request to open the ballot boxes.

Candidate Pair No. 1 Thaib Djalaluddin-Noverius Bulango alleged violations by Candidate Pair No. 2 Ubaid Yakub-Anjas Taher. Alleged massive vote buying or “money politics” by Candidate Pair No. 2 in ten sub-districts was reported to the regency’s Panwas (election supervisory committee). The Petitioner also alleged mobilization of ASN and massive printing of electronic KTP (resident ID card) three days before voting day. In addition, they alleged regent candidate No. 2 Ubaid Yakub hadn’t submitted a request for dismissal when running in the election.

Meanwhile, in the East Halmahera Regency election dispute case No. 30/PHP.BUP-XIX/2021, Candidate Pair No. 3 Moh. Abdu Nasar-Azis Ajarat through attorney Muhammad Konoras requested the annulment of the East Halmahera Regency KPU Decree No. 107/HK.03/1-Kpt/8206/KPU-Kab/XII/2020 on the certification of the 2020 East Halmahera Regency election vote counting recapitulation dated December 1, 2020. In addition, the Petitioner requests that the Court order the East Halmahera KPU to hold a revote (PSU) at several polling stations in East Halmahera.

Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan

Translator: Yuniar Widiastuti
Editor: R. A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 02/06/2021 12:45 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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