Tuesday, February 16, 2021 | 08:24 WIB
The Petitioner attending the Bone Bolango Regency election results dispute hearing remotely, Monday (15/2/2021). Photo by Humas MK/Teguh.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) decided to declare the petition by Hi. Mohamad Kilat Wartabone-Syamsir Djafar Kiayi inadmissible. The Decision No. 63/PHP.BUP-XIX/2021 was read out at a ruling hearing on Monday, February 15, 2021.
In the legal considerations read out by Constitutional Justice Arief Hidayat, the Court stated that the Petitioner alleged that the Respondent had let H. Hamim Pou, who had been Bone Bolango regent for two terms, seek re-election in the 2020 election. The Petitioner deemed this to be in violation of Article 7 paragraph (1) letter n of Law No. 1 of 2016 and harmed his chances of being election. However, from existing evidence, the Court observed that the Petitioner had relied on the Constitutional Court Decision No. 22/PUU-VII/2009 regarding the requirement of not having served in the same position for two terms as referred to in Article 7 paragraph (2) letter n of Law No. 1 of 2016. Therefore, the Court believes the Petitioner’s arguments to be legally groundless.
“Therefore, the Court believes that the arguments and evidence presented by the Petitioner were insufficient to convince that [the Relevant Party’s re-election] had violated Article 158 paragraph (2) letter n of Law No. 1 of 2016 and that the a quo [should] continue to the evidentiary hearings,” Justice Arief said at the online hearing in the plenary courtroom.
Also read:
Questionable Independency of General Elections Commission (KPU) of Gorontalo and Bone Bolango Regencies
KPU of Bone Bolango Regency Confirms to Have Done Sampling Test
In the previous hearing, the Petitioner alleged that the Bone Bolango General Elections Commission (KPU) vote counting recapitulation must be nullified because it was not fair nor honest, and full of structured, systematic, and massive (TSM) manipulation of documents by the KPU to benefit Candidate Pair H. Hamim Pou-Merlan Uloli. The regency’s KPU allegedly had not been neutral and honest, and had violated the provisions of Law No. 1 of 2016. They were accused of mobilizing Tulabolo village head Hartian Sutoyo Kono to attend the Relevant Party’s campaign. Hartian has been declared a suspect by the Bone Bolango District Attorney Office.
Writer: Sri Pujianti
Editor: Lulu Anjarsari
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Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto
Translation uploaded on 02/16/2021 13:55 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.
Tuesday, February 16, 2021 | 08:24 WIB 202