Eki Rasyud as the attorney of KPU gave his explanation in the hearing of Regional Head Election Results Dispute (Pilkada) of Tolitoli Island on Monday (08/02). Photo by Public Relations/Teguh.
JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT—Panel III of Constitutional Court held the next hearing for 2 (two) cases concerning the 2020 Regional Head Election Results Dispute on Monday (08/02) at 08.00 WIB namely cases Number 103/PHP.BUP-XIX/2021 for Poso Regency and 40/PHP.BUP-XIX/2021 for Tolitoli Regency with the agenda of hearing the answer of General Elections Commission (KPU) as the Respondent, explanations of the Elections Supervisory Body (Bawaslu) and Relevant Party, as well as validation of evident.
Eki Rasyid as the attorney of Tolitoli Regency KPU (Respondent) explained on the alleged mistake in the recapitulation filed by Candidate Pair Number 2 Muchtar Deluma and Bakri Idrus. He said that according to the petition, there were 6 (six) districts where alleged recapitulation mistakes happened in the district level. Petitioner had reported to Bawaslu of Tolitoli Regency and decisions on the 6 (six) districts were made.
“Take Dakopamean District as an example, almost all Polling Stations (TPSs) did not have any complain about the recapitulation, be it in TPS level or district level. All witnesses had signed with the exceptions of petitioner witnesses,” he said.
He further explained that problems were present during the recapitulation process in TPS level but solved by Bawaslu of Tolitoli Regency. “Petitioner witness(es) did not sign in the TPS and chose to walk out instead,” he stated.
Respondent plead the Court to reject the petition completely and declare that the decree of Tolitoli Regency KPU Number 356/PL.02.6-Kpt/7204/KPU-Kab/XII/2020 concerning the Certification of the Vote Count Recapitulation and the Certification of the 2020 Regent and Vice Regent of Tolitoli dated on 16 December 2020 was true and valid.
Dispute over the Process
Representing the Candidate Pair Number 3 Amran Hi. Yahya—Moh. Besar Bantilan as Relevant Party, Mansur denied petitioner claim. He said that the petitioner filed a dispute over the process not the result of the Tolitoli Regent and Vice Regent Election which should be the authority of Bawaslu, PTUN, KPUD, and Sentra Gakkumdu, as Constitutional Court authority was concerning for a dispute over the results.
Concerning the petitioner claim over the results, there was unclear and explicit explanation on the votes difference in which petitioner claimed to be 3.029 votes.
“Petitioner did not give any details on which TPS, what kind of violations happened and by whom, or whether there was a mistake in note taking done by the Respondent for the recapitulation in each level consequently. Hence, votes counting mistake claimed by the petitioner was groundless,” he explained to the Justices Panel chaired by Justice Arief Hidayat accompanied by Justices Manahan MP Sitompul and Saldi Isra.
Therefore, Relevant Party plead the Court to reject the petition completely and declare that the decree of Tolitoli Regency KPU Number 356/PL.02.6-Kpt/7204/KPU-Kab/XII/2020 concerning the Certification of the Vote Count Recapitulation and the Certification of the 2020 Regent and Vice Regent of Tolitoli dated on 16 December 2020 was true and valid.
Unneutral Attitude from the Civil Servants (ASN)
Representing the Bawaslu of Tolitoli Regency, M. Fajar Syadik delivered the observation results of the Head and Member of Tolitoli Regency KPU—all registered and proved innocent.
Concerning the unneutral attitude of the Civil Servants, there were 26 reports and findings with following results: 3 (three) proved innocent, 23 proved guilty of violations and further recommended to the KASN (Commission of ASN) in which 13 reports had been taken care of by KASN.
Candidacy Process Based on the Requirements
Within the same hearing, Panel III also examined the case Number 103/PHP.BUP-XIX/2021 for Poso Regency filed by Candidate Pair Number 2 Darmin Agustinus Sigilipu and Amdjad Lawasa. Attorney of Poso Regency KPU (Respondent) denied petitioner claims completely.
Petitioner claim that the acceptance of Candidate Pair Verna GM Inkiriwang and M. Yasin Mangun application for candidacy was against the law. However, Respondent declared that the claim was groundless.
“Candidate Pair Verna GM Inkiriwang and M. Yasin Mangun had submitted all the documents and other necessities for their candidacy application as listed on the TT 1 KWK Form along with the attachments. Concerning the absence of the Head of Democrat Party Branch (DPC) as one of the Political Party Leaders, they had submitted his Doctor’s Certificate of Illness to KPU,” M. Soleh commented on the case Number 40/PHP.BUP-XIX/2021 filed by Candidate Pair Number 2 Darmin Agustinus Sigilipu and Amdjad Lawasa.
KPU also denied petitioner claim stating that KPU did not execute the election according to the Health and Safety Protocol for COVID-19 resulting in the small number of voters from petitioner side. “KPU had applied the Health and Safety Protocol for COVID-19 obediently based on PKPU Number 13 Year 2020,” he said.
He also commented on another claim stating that KPU did not facilitate the workers in the PT SJA (a plantation company) to vote. “PT SJA 2 submitted the employee data to KPU in which there were 514 workers. KPU examined the data and found there were 323 workers listed on the Final Voters List (DPT) of Poso Regency, the rest did not include in the DPT of Poso Regency,” he said.
Representing Candidate Pair Number 1 Verna G.M. Inkiriwang – M. Yasing Mangun as Relevant Party, Abdul Mutalib Rimi stated the same thing that KPU did not try to prevent the workers of PT SJA 2 to use their constitutional rights specifically in the election. “Actually, there was a meeting conducted by the district officials to facilitate the voting process for the workers in PT SJ,” he stated.
Relevant Party plead the Court to accept their exception, reject the petition completely, and declare that the decree of Poso Regency KPU Number 3027/PL.02.6-Kpt/7202/KPU-Kab/XII/2020 concerning the Certification of the Vote Count Recapitulation and the Certification of the 2020 Regent and Vice Regent of Poso dated on 17 December 2020 was true and valid.
Fake Doctor’s Certificate of Illness
Bawaslu of Poso Regency represented by Cristian Adiputra Uruwo responded to the absence of Head of Democrat Party DPC during the application of Candidate Pair Number 1 that they had filed a recommendation letter concerning the compliance for the schedule and documents terms and condition to KPU, candidate pair, political party, and individual candidate. “The absence of the said Head of DPC was not a problem as PKPU allows it,” he said.
Concerning the fake certificate, Bawaslu mentioned that the report had been processed by Sentra Gakkumdu in which on 3 October 2020, Sentra Gakkumdu concluded that it had not fulfilled the criteria for a criminal offense. “On 4 November 2020, Siloam Hospital sent the clarification through Bawaslu email stating that the hospital admitted having published the certificate,” he said.
In regards to the Health and Safety Protocol of COVID-19, Bawaslu had given the preventive letter and did not find any violation towards the protocol. On a side note, according to sub-district election supervisory committee (Panwascam) the total number of voters in PT SJA were 248 voters and on 1 December 2020, Bawaslu had sent a recommendation letter to PT SJA to not do any preventive actions for their workers to use their voting rights. (*)
Writer : Melisa Fitria Dini
Editor : Lulu Anjarsari
Uploader : Rudi
Translator: WA (IA)
Translation uploaded on 8 February 2021 at 20.55 WIB (updated on 9 February 2021 at 11.14 WIB)
Monday, February 08, 2021 | 15:54 WIB 383