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Rozali Umar as the Respondent's attorney, gave statements to the Constitutional Justice at Panel II in South Lampung Regent Election Result Dispute’s second hearing at the Constitutional Court. Monday (08/02).  Photo: PR/Ilham.

JAKARTA, Public Relations of the Constitutional Court—South Lampung KPU (Respondent) opposed the arguments of Hipni-Melin Haryani Wijaya (Petitioner of case No. 47/PHP.BUP-XIX/2021) and Tony Eka Candara-Atoni Imam (Petitioner of case No. 61/PHP.BUP-XIX/2021) in the second hearing at the Constitutional Court (MK), Monday (8/2). The Panel presided by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh. The agenda was listening the response of KPU (General Elections Commission, Respondent), the statements of Bawaslu (Elections Supervisory Agency) and Relevant Party, as well as the approval of evidences. 

The point of the petition was the two candidate pairs filed a cancellation against the vote count recapitulation results t by KPU (Respondent) No. 75/HK.03.1-Kpt/1801/KPU-Kab/Xn/2020 concerning certification of vote count results recapitulation. The result determined that Candidate No.1 Nanang Ermanto and Pandu Kusuma Dewangsa win 159,987 votes, Candidate No.2 Tony Eka Candra and Antoni Imam received 146,115 votes, and Candidate No. 3 received 136,459 votes.

At the preliminary hearing, last Thursday (28/1), Hipni-Melin through their attorney, Yopi Hendro, said that there was a fraud that affected the vote acquisition. In addition, it is suspected that there were members of the Polling Working Committee (KPPS) in Polling Stations (TPS) No. 19 Candimas Village, Natar District, who campaigned before the election day to win Candidate No. 1.

Responding to the Principal’s Petition Hipni-Melin, KPU through its attorney, Rozali Umar, explained that the petition did not meet the formal requirements as regulated in the Constitutional Court Regulations (PMK) No. 6 of 2020.

"The petitioner does not have legal standing in submitting the a quo petition because it has exceeded the threshold set in the law where the maximum threshold of 0.5% applies. South Lampung has a population of more than one million inhabitants. Therefore, the maximum difference regulated by law is 2,213 votes. In fact, the difference in votes between the Petitioner and the winning candidate pair reached 23,528 votes,” said Rozali.

Rozali also gave information regarding the registration process of Hipni-Melin. At the beginning of the candidate’s determination, this pair was declared ineligible because Melin Haryani Wijaya did not pass administratively. She has been sentenced to eight months in prison, with a probation period of 18 months based on a binding court decision. Based on this verdict, she was found guilty of committing a criminal offense with a penalty of 5 years or more, as having participated in using forged documents and was subject to a maximum sentence of 6 years in prison. The Respondent then calculated a five-year gap from serving a criminal sentence as a condition for someone in the process of become a candidate, accordance with Article 4 Paragraph 2A and Paragraph 2D of KPU Regulation No. 9 of 2020, where Melin has not completed the pause according to these rules. At the end, Hipni-Melin can qualify as a candidate through the dispute resolution process by South Lampung Bawaslu.

Related to the main point of the Petitioner's petition regarding the KPP in TPS No. 19, Rozali said that the fact was not true and clarification had been made to the Relevant Party. Then, Rozali explained the voter invitation given by the Respondent and the alleged loss of voting rights.

"We (Respondent) firmly disprove this because voters who do not accept the invitation will not lose their right to vote because people can still carry out the election process by bringing their Identity Card (KTP) or domicile certificate," Rozali concluded.

At the same hearing, Respondent also conveyed his objection regarding the alleged fraud argued by Tony Eka Candra-Antoni Imam. Among other things, Tony-Antoni argued that violations in the process of organizing the regional elections were carried out by KPU, which only about 64.99% of the Final Voters List (DPT) used their rights. The Petitioner suspects that this happened because of an intentional element in the process of distributing the C-6 form to the people of South Lampung. The Petitioner and Bawaslu also found the fact that 31,964 pieces of C-6 did not reach valid voters who were registered as DPT in South Lampung KPU.

The Respondent objected all of Tony-Antoni's petition arguments as the entire argument is subjective and not based on facts on the ground. Therefore, KPU requested MK to grant all exceptions and the main points of their petition. Also, asked to annul the main petition of the Petitioner entirely, as well as state that the decision of South Lampung KPU (No. 75/HK.03.1-Kpt/1801/KPU-Kab/Xn/2020) is true and applicable, determine the Candiate Pair Nanang Ermanto and Pandu Kusuma Dewangsa as the winner of the 2020 South Lampung Regional Election.

 

Writer: Siti Rosmalina Nurhayati
Editor: Nur R.
Uploader: Nur Budiman
 

Translator: SO

Editor: Indah Apriyanti

Managing Editor: BW

Translation uploaded on 02/09/2021 11.30WIB

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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