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The Respondent’s attorney Fransiskus Handrajadi speaking to the Panel II justices at the second hearing of the West Pesisir Regency election results dispute, Monday (8/2/2021) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ilham.

JAKARTA, Public Relations of the Constitutional Court—The Central Lampung Regency General Elections Commission (KPU) as Respondent rejected all allegations by Candidate Pair No. 3 Nessy Kalviya-Imam Suhadi in case No. 01/PHP.BUP-XIX/2021 at the second hearing of the 2020 Central Lampung Regency election (pilkada) results dispute held by the Constitutional Court (MK) on Monday, February 8, 2021. The hearing was scheduled to hear the Respondent’s response and statements by the Relevant Party and Bawaslu, as well as to approve evidence.

“In the Petitioner’s petition before the revision, there were discrepancies between the posita and petitum. In the posita the Petitioner objected to the 2020 Central Lampung regent election vote counting results that was certified by the Respondent. However, in the petitum the Petitioner requested that the Court annul the South Lampung KPU’s decree, when the Petitioner was a contestant in the Central Lampung regent election, not South Lampung. Based on the explanation, the Court should accept the Respondent’s objection and declare the Petitioner’s petition inadmissible,” attorney Rozali Umar stressed before Deputy Chief Justice Aswanto (panel chair) and Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

The Respondent went on to respond to the Petitioner’s allegation of vote margin caused by structured, systematic, and massive (TSM) administrative violations by Candidate Pair No. 2 Musa Ahmad-Ardito Wijaya in 17 subdistricts out of the total 28 in Central Lampung Regency. The Respondent stated that such violations should be followed up by the provincial Bawaslu (Elections Supervisory Body) following the existing legislation.

The Respondent also refuted the Petitioner’s claim that a significant vote margin in 28 subdistricts in the regency was due to factual and massive vote buying or “money politics” and the distribution of other goods by the Candidate Pair No. 2, which had been recorded in the list of incidents and/or witnesses’ objections in the vote counting recapitulation at the subdistrict and regency levels.

The Central Lampung Bawaslu also stated that it hadn’t found any finding and report on the allegation of administrative violations in 17 subdistricts as well as vote buying and distribution of other goods by Candidate Pair No. 2 Musa Ahmad-Ardito Wijaya.

Similarly, Candidate Pair No. 2 Musa Ahmad-Ardito Wijaya (Relevant Party) refuted all allegations made by the Petitioner, especially regarding a significant vote margin in 28 subdistricts.

Also read: Money Politics in Central Lampung and West Pesisir Regency Elections 

West Pesisir KPU Refuted “Money Politics” Allegation

The West Pesisir Regency KPU rejected the allegations leveled by Candidate Pair No. 2 Aria Lukita Budiwan-Erlina (Petitioner of case No. 39/PHP.BUP-XIX/2021). They challenged the allegation that the number of ballots didn’t match with the number of final voters in the DPT.

“It’s not true that the number of ballots sent to the TPS [polling stations] didn’t match the [number of final voters in the DPT] plus 2.5% of the ballots. The Respondent determined the provision of ballots based on the KPU Regulation No. 18 of 2020,” said attorney Fransiskus Handrajadi.

The Respondent also rejected the allegation a phantom voter at TPS 05 of Kampung Baru Pekon Kota Jawa Hamlet by the name of Devi Handayani. On voting day, the voter in question was listed in and signed the attendance list at TPS 05. “This allegation isn’t true and doesn’t correspond to any fact,” Fransiskus said.

Furthermore, the Respondent strongly refuted the Petitioner’s allegation of “money politics” by Candidate Pair No. 3 Agus Istiqlal-A. Zulqoini Syarif by recruiting potential votes as volunteers and giving monetary rewards. They also rejected the allegation of Pekon’s apparatuses abuse of the village fund to ensure the Relevant Party’s victory. The apparatuses had remained neutral and hadn’t intimidate and influence voters to vote for Candidate Pair No. 3, the Respondent said.

Similarly, the regency’s Bawaslu provided clarification on the Petitioner’s allegation that the Respondent and Candidate Pair No. 3 had committed structured, systematic, and massive (TSM) violations during election, manipulated the vote acquisition, and reduced the Petitioner’s votes. “Bawaslu didn’t receive any report on the 2020 West Pesisir regent election. Based on Bawaslu’s supervision, during campaign, voting, vote counting recapitulation, Bawaslu had warned all candidate pairs and relevant parties not to commit any violations during pilkada,” said Bawaslu’s attorney Abdul Kodrat.

Bawaslu also stated that it had inspected the suspicion of ASNs (state civil apparatuses) not being neutral in the election and Pekon’s apparatuses’ alleged intimidation to influence voters to vote for Candidate Pair No. 3. They said they had taken preventive measures by warning all ASNs to be neutral during election.

Bawaslu’s refutation was also echoed by Candidate Pair No. 3 Agus Istiqlal-A. Zulqoini Syarif (Relevant Party). “The Petitioner’s petition was baseless and legally groundless. The Petitioner’s allegations of electoral violations shouldn’t have been lodged to the Constitutional Court but to Bawaslu or Gakkumdu [Integrated Law Enforcement],” said attorney Andana Marpaung.

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

Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/08/2021 22:31 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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