---

Constitutional Justice Arief Hidayat while reading out the legal considerations of the Petition at the hearing of the decision to pronounce the dispute over the Election Result of Banggai Regency Regent, Tuesday (16/02) in the Plenary Court Room. Public Relations Photo / Teguh.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) cannot accept Banggai Regent Election Results Dispute filed by Candidate Pair No. 3 Herwin Yatim and Mustar Labolo. The ruling hearing of decision No. 10/PHP.BUP-XIX/2021 held on Tuesday (16/2/2021).

The Constitutional Justice Arief Hidayat said that the petition filed on December 17, 2020, so based on the Petition Filing Certificate (APPP), it is still within the deadline for filing an application.

Regarding the objections of Respondent and Relevant Party, the Petitioner does not have a legal standing. The Court observed the difference in vote acquisition was 11.74%. This, continued Arief, exceeds the percentage of Article 158 Paragraph (2) Letter B of Law 10/2016. In order to pass this article, the Petitioner argued that there were practices of “money politics”, the use of government programs, and others.

On this argument, the Petitioner submitted various evidences and the Court has read and listened to the Respondent's answer, as well as the statements of the Relevant Party and Elections Supervisory Body (Bawaslu). Based on the facts of hearing, these matters were irrelevant because it could not show its influence on the votes results. Thus, the Court did not find the conviction to deviate the provisions of Article 158 of Law 10/2016 and continue the a quo case to the further examination.

"The Petitioner does not meet the requirements of Article 158 Paragraph (2) of Law 10/2016. Thus, the Respondent's and the Relevant Parties' exception regarding the Petitioner's legal standing is grounded according to law, " said Constitutional Justice Arief.

Previously, the Petitioner asked for the annulment of KPU Decree No. 72/HK.03.1-Kpt/7201/KPU-Kab/XII/2020 concerning the Certification of the Vote Count Results Recapitulation as per December 15, 2020.

Even though the Petitioner's votes exceed the provisions of Article 158 of Law 10/2016, his party found that there were many violations of “money politics” that occurred in 23 sub-districts which were benefitted Candidate Pair No. 2 Amirudin and Furqanuddin in the period before the polling day. The Petitioner has also reported the case to Bawaslu yet at the end of December 2020 all these reports were declared ineligible.

Relating the involvement of State Civil Apparatus (ASN), local government, and the use of the Ministry of Social Affairs program, the Petitioner requested the Court to declare Candidate Pair No. 2 legally and convincingly committed violations and fraud in the 2020 Banggai Regent Elections.

 

 

Writer: Sri Pujianti
Editor: Nur R
Uploader: Rudi

Translator: SO
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 02/17/2021 18. 27 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.

---