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The parties attended the ruling hearing session virtually on West Sumatra Governor Election Results Dispute, Tuesday (16/02) in the courtroom. Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The petition of Nasrul Abit – Indra Catri declared unacceptable by the Constitutional Court (MK). The ruling hearing of decision No. 128/PHP.GUB-XIX/2021 held on Tuesday (16/02) in the Plenary Courtroom. “Declares the Petitioner’s petition unacceptable,”  said the Chief Justice Anwar Usman accompanied by other Constitutional Justices

In the legal considerations read out by Constitutional Justice Enny Nurbaningsih, the Court stated that the total difference in votes between the Petitioner and the winning candidate was 1.5% x 2,241,292 votes (total valid votes), namely 33,619 votes.

“Whereas the Petitioners' vote acquisition was 679,069 votes. Meanwhile, the votes acquired by the Relevant Party was 726,853 votes. Thus, the difference in the vote acquisition was 726,853 votes minus 679,069 votes, namely 47,784 (2.13%) or more than 33,619 votes, " explained Enny.

Enny said, although the Petitioner was a candidate pair of the 2020 West Sumatra Governor Elections, they did not fulfill the requirement for filing the petition as referred in Article 158 Paragraph (1) Letter B of Law 10/2016. "Hence the Court stated that the Petitioner did not have any legal standing to file the a quo petition," she continued.

Meanwhile the Petitioners' argument related to the appointment of examiners and hospitals team to check physical and spiritual health, as well as narcotics-abuse free of candidate pairs has created through the coordination and recommendation of the Indonesian Doctors Association, the National Narcotics Agency, and the Indonesian Psychological Association, of West Sumatra Province. This has met the provisions of Article 45 paragraph (2) Letter B No. 1 Law 10/2016. The Court found no objections from the candidate pairs who were reported to West Sumatra Election Supervisory Body (Bawaslu).

"Regarding violations of procedures from voting up to recapitulation, there is no evidence to convince the Court that it significantly influenced the vote acquisition of the Petitioner. Moreover, the hearing was found that the witnesses of the Petitioner had actually signed the recapitulation," explained Enny.

Sanctioned

In regard to the issue of eliminating the voting rights of Covid-19 patients at Pariaman Regional Hospital, Enny said that Bawaslu had resolved by issuing recommendation to Election Organizer Ethics Council (DKPP). With the the issuance of three ballots, Padang City KPU has followed up on Bawaslu recommendations by imposing ethical sanctions on the Head of Polling Station Working Committee (KPPS) in Polling Station (TPS) 02 of Padang Pasir Subdistrict, West Padang District, Padang City.

"Based on the legal considerations above, the Court is of the opinion that the a quo petition has no reason to deviate from the provisions of Article 158 of Law 10/2016 relating to the Petitioner’s legal standing as a formal requirement in filing an election case. Therefore, it has no relevance for the further hearing of the a quo petition," explained Enny.

At the preliminary hearing on January 26, 2021, Vino Oktavia as the attorney for Nasrul Abit-Indra Catri explained that the determination of the election results cannot be considered substantially because the voting process were legally flawed. This was because Candidate Pair No. 04 Mayeldi and Audy Joinaldy have committed serious violations regarding the individual campaign fund donations. According to the Petitioner, apart that suspected fund had exceeded the stipulated limit and are prohibited, it must be reported to KPU and submitted to the state treasury as they violated the Campaign Budget (LPPDK).

 

 

Penulis : Utami Argawati

Editor : Lulu Anjarsari

Pengunggah : Fuad Subhan

 

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

Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/17/2021 11.33 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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