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Chief Justice Anwar Usman accompanied by other Constitutional Justices read the decision of Banjar regent Election Results Dispute No. 121/PHP.BUP-XIX/2021, at the Plenary Court Room, Tuesday (16/2/2021). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) cannot accept Banjar Regent Election Results Dispute filed by Candidate Pair No. 3 Rusli and M. Fadhlan. The ruling hearing of decision No. 121/PHP.BUP-XIX/2021 held on Tuesday (16/2/2021) at 09.00 WIB in the Plenary Courtroom.

“Declares the Petitioner’s petition unacceptable”  said the Chief Justice Anwar Usman accompanied by other Constitutional Justices in the online session under a strict health protocols.

The Court cannot accept the a quo petition because the difference between the votes acquired by the Petitioner and the winning Candidate Pair has exceeded the threshold as stipulated in Article 158 of Law 10/2016. The total difference in the vote acquisition was 1% x 291,140 votes (total valid votes). While, the Petitioners' vote acquisition was 112,004 votes, the Relevant Party gained 141,619 votes. Hence, the difference was become 29,615 votes (10.17%) or more than 2,911 votes.

The Court is of the opinion that even though the Petitioner is a Candidate Pair for the 2020 Banjar Regent Elections, the Petitioner does not fulfill the provisions relating to the legal standing to file a Petition as referred in Article 158 of Law 10/2016. Therefore, the Petitioner did not have the legal standing to file the a quo petition.

For information, the Petitioner objected the General Election Commission (KPU) Decree No. 945/PL.02.6-Kpt/6303/KPU-KAB/XII/2020 regarding vote count results recapitulation. At the preliminary hearing on Tuesday (26/1), the Petitioner through their attorney argued that Candidate Pair No. 1 (Saidi Mansyur-Said Idrus) who was declared as the winner of the election by Banjar KPU suspected of committed various structured, systematic and massive (TSM) violations before the voting day, on the voting day, and after it. Then, there was no neutrality of State Civil Appaaratus (ASN), village officials, and election organizers.

 

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

Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/17/2021 16.23 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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