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Tuesday, February 16, 2021 | 19:40 WIB

Chief Justice Anwar Usman reading out the legal considerations at the ruling hearing of the Banjar Regency election results dispute No. 123/PHP.BUP-XIX/2021, Tuesday (16/2/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) rendered the Banjar regent election results dispute petition by Candidate Pair No. 2 Andin Sofyanoor-Muhammad Syarif Busthomi inadmissible. The Decision No. 123/PHP.BUP-XIX/2021 was read out at an online ruling hearing on Tuesday, February 16, 2021 at 09:00 WIB in the plenary courtroom.

In its legal considerations, the Court stated that based on the first semester population recapitulation data of 2020, the population of Banjar Regency was 554,281 so the vote margin between the Petitioner and the candidate pair with the most votes should be 1% of the total valid votes in the final recapitulation as certified by the regency’s KPU. The margin should be 2,911 votes or 1% of the total 291,140 valid votes.

The Petitioner earned 37,517 votes while the Relevant Party (the candidate pair with the most votes) earned 141,619, so the vote margin between them was 37,517 subtracted from 141,619, which is 104,102 votes (35.76%) or more than 2,911 votes.

Based on the legal considerations, the Court believes the Petitioner didn’t meet the provision of Article 158 of Law No. 1 of 2016, therefore they lacked the legal standing to file the petition.

The Court also ruled that the objections of the Respondent and the Relevant Party as presented at the previous hearing regarding the Petitioner’s legal standing was legally grounded. They also ruled that the Petitioner lacked the legal standing to file the petition.

“[The Court] … declares the Petitioner’s petition inadmissible,” said plenary chair Chief Justice Anwar Usman reading out the verdict alongside the other eight constitutional justices. 

Also read:

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Banjar KPU Denies Andin-Syarif and Rusli-Fadhlan Proposition Petition 

At the preliminary hearing, Candidate Pair Andin-Muhammad requested that the Court annul the Banjar Regency General Elections Commission (KPU) Decree No. 945/PL.02.6-Kpt/6303/KPU-KAB/XII/2020 on the certification of the 2020 Banjar Regency election vote counting recapitulation. They alleged that in Sambung Makmur Subdistrict, ballots at 11 polling stations (TPS) in four villages had been taken without any report and given to voters who were unlisted in the final voters list (DPT) of Madurejo Village. They also alleged that at TPS 17 of Keraton Village, the c plano form was not found. In turns out that the form was kept by the KPPS (polling station working committee) chair in a damaged condition. The Petitioner also alleged that at TPS 01 of Tambak Baru Village the ballot box was unsealed; at TPS 01 of Tanjungrema Darat Village 2 voters who used e-KTP didn’t sign the attendance list; at TPS 19 of Tanjungrema Darat Village 2 voters only provided a family card to vote. Meanwhile, at TPS 13 and TPS 14 of Bineau Village, 4 voters didn’t use both e-KTP and a letter of recommendation (suket).

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

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

Translation uploaded on 02/17/2021 18:02 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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