Tuesday, February 16, 2021 | 09:24 WIB
Constitutional Justice Arief Hidayat reading out the legal considerations at the Waropen Regency election results dispute hearing, Monday (15/2/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) decided to declare the Waropen regent election results dispute petition by Candidate Pair No. 3 Ollen Ostal Daimboa-Yeheskiel Imbiri inadmissible. The Decision No. 99/PHP.BUP-XIX/2021 was read out by Constitutional Justice Arief Hidayat alongside the other eight constitutional justices at a ruling hearing on Monday afternoon, February 15, 2021 in the plenary courtroom.
In the legal considerations read out by Justice Arief, the Court stated that the Petitioner didn’t have legal standing as referred to in Article 158 paragraph (2) letter d of Law No. 1 of 2016.
“The vote margin between the Petitioner and the candidate pair with the most votes should not exceed 2% of the total valid votes in the 2020 Waropen regent election, or 2% of 32,131 votes, or 643 votes. The Petitioner’s votes were 9,990, while the Relevant Party’s were 16,529, resulting in a vote margin between the Relevant Party and the Petitioner of 6,539 votes (20.35%). Therefore, the vote margin exceeded the threshold set in Article 158 paragraph (2) letter a of Law No. 1 of 2016,” he said.
Therefore, the matters in the petition were not considered as they were irrelevant. The Court was not convinced that the Petitioner’s arguments would’ve affected the fulfillment of the requirements set in Article 158 paragraph (2) letter a of Law No. 1 of 2016.
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At the preliminary hearing on Tuesday, January 26, 2021, Ollen Ostal Daimboa-Yeheskiel Imbiri requested that the Court nullify the Waropen Regency KPU (General Elections Commission) Decree No. 411/PI.02.6.Kpt/9115/KPU-Kab/XII/2020 on the Certification of the 2020 Waropen Regency Election Vote Counting Recapitulation dated December 17, 2020 as well Candidate Pair No. 4 Yermias Bisai-Lamek Maniagasi.
The Petitioner’s attorney Eva Yulianti had previously explained that Candidate Pair No. 4 didn’t meet the election requirements because they were declared bankrupt by the Commercial Court of Makassar. As incumbents, they had also allegedly violated the merit-based system in the regency’s government by issuing regent decrees and distributing Rp5 million per household through the social assistance program GPMKESMAWAR (Gerakan Pemberantasan Kemiskinan Masyarakat Waropen).
Writer: Melisa F. D.
Editor: Nur R.
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Translator: Yuniar Widiastuti
Editor: R.A. Indah Apriyanti
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Translation uploaded on 02/16/2021 15:17 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.
Tuesday, February 16, 2021 | 09:24 WIB 238