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The Constitutional Court (MK) held the ruling hearing of the 2020 Karo Regent Election Results Dispute No. Number 05/PHP.BUP-XIX/2021 in the plenary courtroom. Tuesday (16/02/21). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK), from Monday-Wed (15-17/02/21), successively issued decisions over the 2020 Regional Head Election results Dispute. At the hearing session on Monday (15/02/21), MK already issued 33 decisions. Meanwhile,  today (16/02/21) the Court held the ruling hearing for 30 decisions which was divided into 3 online sessions. The first session start at 09.00 WIB with 8 decisions, the second session at 13.00 WIB with 12 decisions, and the third session at 16.00 WIB with 10 decisions.

At the first session, the Court declared not to accept the petition of Karo Regent election Results Dispute (No. 05/PHP.BUP-XIX/2021) filed by Candidate Pair No. 1 Jusua Ginting and Saberina Br. Tarigan. 

In the legal considerations read out by Constitutional Justice Suhartoyo, the Court stated that the difference in the vote acquisition between the Petitioner and the winning candidate pair was 1.5x187,137 votes (total valid votes). Thus, the maximum difference in being able to file a petition is 2,809 votes.

"Then, that the Petitioners' vote acquisition was 52,019 votes, while the votes acquired by the winning candidate pair was 59,608 votes, hence the difference in the vote acquisition between the Petitioner and the winning candidate pair was 7,589 votes (4.05%), thus more than 2,809 votes," said Suhartoyo.

The Court explained that Jusua-Saberina did not fulfill the requirements for filing a petition as referred in Article 158 Paragraph 2 Letter B of Law 10 of 2016. Therefore, the Petitioner did not have the legal standing to file a quo case. The Panel of Justices again explained that matters related to the a quo petition would not be considered because it had no relevance and was considered legally groundless.

The a quo petition was submitted by Jusua-Saberina opposed the Decision of the Karo General Election Commission (KPU) Decree No. 60/PL.02.6-Kpt/1206/KPU-Kab/XII/2020 concerning Certification of Vote Count Results Recapitulation as per December 15, 2020. In the Respondent's decision, Jusua-Saberina was in second place with 52,019 votes. Meanwhile, Iwan-Budianto ranks third with 51,103 votes. Then, the winner was Candidate Pair No. 5 Cory Sriwati Sebayang and Theopilus Ginting, with 59,608 votes. The Petitioner rejected the Respondent's Decree because there were many violations in the election process, such as the mark-up of votes that occurred in many areas in Karo Regency and were allegedly committed by the winning candidate pair.

"The Principal of the a quo petition argued that there had been administrative violations and other violations that were structured, systematic, and massive (TSM) including votes inflation in three sub-districts, namely Tigabinanga District, Mardinding District, and Lau Belang District. Then, the padlock was not available, the ballot box was not wrapped in plastic, the envelope C Results did not run in Kelurahan Tigabinanga," as stated by Petitioner’s attorney.

 

 

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

Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/16/2021 18.24 WIB

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