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Tuesday, February 16, 2021 | 20:09 WIB

The ruling hearing of the Muna Regency election results dispute, 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 Muna regent election results dispute petition by Candidate Pair No. 2 La Ode M. Rajiun Tumada-La Pili inadmissible. The Decision No. 53/PHP.BUP-XIX/2021 was read out by Chief Justice Anwar Usman at a ruling hearing on Tuesday afternoon, February 16, 2021 in the plenary courtroom.

The Petitioner previously alleged that the Respondent had committed an administrative violation for not verifying the application documents for the 2020 Muna Regency election, especially regarding regent candidate La Ode Muhammad Rusman Emba.

In the legal considerations read out by Constitutional Justice Saldi Isra, the Court stated that the different names on the BB.1-KWK and BB.2-KWK model forms, e-KTP (electronic resident ID card), the Senior High School Certificate of Completion (STTB SMA) from SMAN 1 Raha, and the diploma from Hasanuddin University as part of the election registration documents had already been settled.

The Muna Regency General Elections Commission (KPU) as Respondent had verified the registration documents following Chapter III of the Administrative Research Tabel 3.1 on the Validity Indicator of the Candidates’ Documents and the Provision on the Writing of Candidates’ Names in the KPU Regulation No. 394/PL.02.2-Kpt/06/KPU/VIII/2020 on the Technical Guidelines for Registration, Research, and Correction of Requirement Documents, Certification, and Serial Number Draw of the Candidates in the Governor-Vice Governor, Regent-Vice Regent, and/or Mayor/Deputy Mayor Elections. The Respondent had compared the names of said regent candidate in all of the aforementioned documents; all of them carried the name of La Ode Muhammad Rusman Emba.

“Regarding the name written on the diploma/STTP of SMA 1 Raha and the bachelor’s degree diploma in engineering from Hasanuddin University, which was La Ode Muhammad Rusman Untung, the Respondent had clarified with SMA 1 Raha and Hasanuddin University that La Ode Muhammad Rusman Untung was La Ode Muhammad Rusman Emba who ran as a regent candidate in the 2020 regent-vice regent election of Muna Regency,” Justice Saldi explained.

He then stated that the regency’s Elections Supervisory Body (Bawaslu) had received a report on the issue on September 28, 2020. However, after an inspection, no violation was discovered.

“Based on the aforementioned legal considerations, the Court believes that the a quo petition doesn’t warrant any violation of Article 158 of Law No. 1 of 2016 regarding the Petitioner’s legal standing, which is a formal requirement to file a governor, regent, and mayor election results dispute petition to the Court. Therefore, it is [inappropriate] to advance the a quo petition to the evidentiary hearings,” Justice Saldi read.

No Legal Standing 

The Court also stated that the Petitioner didn’t have legal standing because they didn’t meet Article 158 paragraph (1) letter a of Law No. 10 of 2016, according to which the vote margin between the Petitioner and the candidate pair with the most votes should be no more than 2% of the total valid votes as certified in the regency’s KPU’s final recapitulation.

“The vote margin between the Petitioner and the candidate pair with the most votes should be no more than 2% of the 120,102 total valid votes, or 2,402 votes. The Petitioner earned 55,980 votes while the Relevant Party (the candidate pair with the most votes) earned 64,122 votes, so the vote margin between was 55,980 subtracted from 64,122, which is 8,142 votes (6.78%) or more than 2,402 votes,” he explained.

Also read:

Alleged Manipulation in Muna and Wakatobi Regency Elections 

KPU and Bawaslu of Muna Regency Explained on the Alleged Different Identity

The Petitioner had previously questioned the different names on the Senior High School Certificate of Completion (STTB SMA) and e-KTP of regent candidate La Ode Muhammad Rusman Emba, who earned the most votes in the 2020 Muna Regency election. In the petition, they requested that the Court nullify the Muna Regency General Elections Commission (KPU) Decree No. 788/PL.02.06-Kpt/7403/KPU-Kab/XII/2020 on the Certification of the 2020 Muna Regency Election Vote Counting Recapitulation dated December 16, 2020.

Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan

Translator: Yuniar Widiastuti
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 02/17/2021 20:35 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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