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Justices Arief Hidayat and Daniel Yusmic Pancastaki Foekh accompanied by other Justices read Court ruling for the case Number 80/PHP.BUP-XIX/2021 concerning 2020  Regent Election Results Dispute of Pegunungan Bintang Regency in the plenary courtroom on Tuesday (16/02). Photo by Public Relations/Ifa. 

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT—On Tuesday (16/02), Constitutional Court held the ruling hearing for case Number 80/PHP.BUP-XIX/2021 filed by Candidate Pair Costan Oktemka and Deki Dealy concerning 2020  Regent Election Results Dispute of Pegunungan Bintang Regency which was declared unacceptable.

 “Decision…, declaring that the petition is unacceeptable,” said Chief Justice Anwar Usman accompanied by other Justices.

Petitioner claimed that General Elections Commission (KPU) deliberately accepted the candidacy of Yan Birdana and Piter Kalakmabin as Candidate Pair for Regent and Vice Regent who failed to fulfill the administrative requirements due to their status as a Civil Servant and a member of the Regional People’s Representatives Assembly (Dewan Perwakilan Rakyat Daerah/DPRD) of Pegunungan Bintang Regency which according to the law should submit the official decree 30 days before the voting day at the latest.

Court opined that Candidate Pair Number 1 Yan Birdana and Piter Kalakmabin  (Relevant Party) resignation as a Civil Servant and a member of the Dewan Perwakilan Rakyat Daerah (DPRD) had been fulfilled before the voting day.

 “Therefore, petitioner claim that requirement concerning the resignation of Candidate Pair Number 1 as a Civil Servant and a member of the Dewan Perwakilan Rakyat Daerah (DPRD) had not been fulfilled was groundless according to the law,” said Justice Foekh when reading the legal consideration.

Responding to the legal standing of the petitioner, the Court explained about the threshold to file a petition on the 2020 Regional Head Election Results Dispute. The maximum percentage of votes difference between the petitioner and the candidate pair with the most votes was 2% of the valid votes or 2% of 104.219 votes, equivalent to 2.084 votes.

Petitioner received 30.343 votes whereas Relevant Party received 73.876 votes. Hence the votes difference was 73.876 minus 30.343 votes, equivalent to 45.533 votes (41,77%) or more than 2.084 votes which failed to meet the percentage as required in the Article 158 Paragraph (2) Letter a of the Law Number 10/2016.

 “Based on the legal consideration mentioned before, the Court opined that although petitioner were the Candidate Pair of the 2020 Regent and Vice Regent Election of Pegunungan Bintang, they unfortunately failed to meet the requirement to file a petition as mentioned in the Article 158 Paragraph (2) Letter a of the Law Number 10/2016. Therefore, Court decided that Petitioner did not have a legal standing to file the a quo petition,” he said.

Writer: Nano Tresna Arfana.

Editor: Nur R.

Uploader : Nur Budiman

Translator: WA (IA)

Managing Editor: BW

Translation uploaded on February 17, 2021 at 18.05 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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