Wrong Object Compels South Tangerang KPU to Request Petition Be Dismissed
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The Respondent’s attorney Saleh at the second hearing of the South Tangerang City 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 South Tangerang City KPU (General Elections Commission) refuted allegations by Candidate Pair No. 1 Muhamad–Rahayu Saraswati D.Djojohadikusumo (Petitioner) at the second hearing of the 2020 regional head election (pilkada) results dispute case No. 115/PHP.KOT-XIX/2021 on Friday afternoon, February 5, 2021.

At the hearing chaired by Chief Justice Anwar Usman, the Respondent through attorney Saleh stated that the Petitioner didn’t explain the reason for the petition clearly and that none of their arguments were related to vote counting results. Saleh further said that the Petitioner didn’t file for a suit regarding structured, systematic, and massive (TSM) violations to the Banten Province Bawaslu (Elections Supervisory Body) until the deadline passed. “Basically, the Petitioner couldn’t prove their arguments,” he said.

Meanwhile, Candidate Pair No. 3 Benyamin Davnie–Pilar Saga Ichsan (Relevant Party) through their attorney refuted the Petitioner’s allegation of the use of BAZNAS (National Zakat Board) funding for the campaign. They said that the BAZNAS event was part of the city’s anniversary commemoration, which was attended by Mayor Airin Rachmi Diany.

Next, the city’s Bawaslu stated that they had inspected the donation to orphans by the mayor in 20 villages. They also said that the report of an alleged meeting between the mayor-deputy mayor and all camat (subdistrict heads) had been recorded in the inspection form.

Also read: Alleged Violations in S. Tangerang, Pandeglang, Mamuju Elections

At the preliminary hearing, the Petitioner alleged that the 2020 South Tangerang regional head election (pilkada) was rife with structured, systematic, and massive (TSM) manipulation and violations and that BAZNAS funding was used to campaign for the Relevant Party. The Petitioner said they had discovered facts that the incumbent mayor Airin Rachmi Diany as a member of their rival’s campaign team’s steering committee had distributed a donation to orphans to 54 villages in 7 subdistricts (Pondok Aren, Serpong, East Ciputat, and North Serpong) throughout the city. The donation was allegedly used to influence voters to vote for the Relevant Party.

Petitioner’s Arguments in Pandeglang Election Dispute Refuted

At the same hearing, Panel I also heard the responses by the Respondent, the Relevant Party, and Bawaslu for the Pandeglang Regency election dispute case No. 74/PHP.BUP-XIX/2021. On behalf of the regency’s KPU, attorney Saleh refuted the Petitioner’s (Thoni Fathoni-Miftahul Tamamy) claims. Saleh said the petition had the wrong object because it questioned violations in the pilkada.

Saleh also stated that the petition was obscure because the Petitioner alleged violations by Candidate Pair No. 1 Irna Narulita-Tanto Warsono Arban (Relevant Party) regarding the involvement of ASN (state civil apparatus). “Such violations are under the authority of the Banten Province Bawaslu, not the Constitutional Court. Therefore, we request that [the petition] be rejected,” he said.

Meanwhile, Bawaslu through Iman Ruhmawan said it had received a report that, upon investigation, no criminal element was found. After a seven-day deadline, there was no clarification from the informant. In addition, they didn’t receive any report of TSM maladministration.

At the previous hearing, the Petitioner alleged that the head of Cimanggu Subdistrict had violated the principle of neutrality. Through attorney Robinson they said they couldn’t access Bawaslu’s website although they had reported the violation to Pandeglang Regency Bawaslu online. They suspected that Bawaslu had neglected its duty. 

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

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

Translation uploaded on 02/06/2021 17:21 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.


Friday, February 05, 2021 | 18:43 WIB 346