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Tuesday, February 16, 2021 | 15:24 WIB

The Constitutional Court’s media crew reporting at the ruling hearing of the Waropen Regency election results dispute, Tuesday (16/2/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) rendered the Tolitoli regent election results dispute petition by Candidate Pair No. 2 Muchtar Deluma-Bakri Idrus inadmissible. The Decision No. 40/PHP.BUP-XIX/2021 was read out by Chief Justice Anwar Usman alongside the other eight constitutional justices on Tuesday afternoon, February 16, 2021 in the plenary courtroom.

In the legal considerations read out by Constitutional Justice Saldi Isra, the Court observed the Petitioner legal standing regarding the threshold to file a petition of the 2020 regional head election results dispute. According to the Court, the population of Tolitoli Regency was 219,717, so the vote margin threshold between the Petitioner and the winning candidate pair would be 2% of the total valid votes at the final vote counting stage as confirmed by the regency’s General Elections Commission (KPU).

“The vote margin between the Petitioner and the candidate pair with the most votes shall not exceed 2% x 125,956 total valid votes = 2,518 votes. Based on evidence and facts in the proceedings, the Petitioner earned 50,989 while the Relevant Party earned 55,960, so the vote margin between [them] was 4,971 votes (3.9%) or more than 2,518 votes, thus exceeding the threshold as required by Article 158 paragraph (2) letter a of Law No. 1 of 2016,” Justice Manahan read out.

Therefore, the Court didn’t consider the Petitioner’s arguments further because they were irrelevant and couldn’t show the significant impact of the vote acquisition on the certification of the winning candidate pair. The Court believes the arguments and evidence presented by the Petitioner were insufficient to convince the Court of the violation of Article 158 paragraph (2) of Law No. 1 of 2016 and that the a quo should continue to the evidentiary hearings.

Also read:

Candidate Pairs for Tolitoli Regent and Palu Mayor Revealed Violations in Election

KPU of Tolitoli Deny Recapitulation Mistakes

At the preliminary hearing on January 28, 2021, Candidate Pair No. 2 Muchtar Deluma-Bakri Idrus questioned the 2020 Tolitoli Regency election vote counting recapitulation by the regency’s KPU, in which the KPU certified Candidate Pair No. 3 as the candidate pair with the most votes. The Petitioner believed they earned more votes than the Candidate Pair No. 3. The Petitioner believed the vote margin was due to violations by the incumbent regent to further the interest of his son Moh. Besar Bantilan (regent candidate No. 3). The Petitioner also alleged that violations in South Dampal and North Dampal Subdistrict had affected the votes for the Candidate Pair No. 3, given that the head of those subdistricts are the younger brother and brother-in-law of regent candidate No. 3.

Writer: Melisa F. D.
Editor: Lulu Anjarsari
Uploader: Rudi

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

Translation uploaded on 02/16/2021 16:09 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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