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The Chief Justice of the Constitutional Court, Anwar Usman, accompanied by eight other Constitutional Justices at the ruling hearing of Batam Mayor Election Results Dispute on Wednesday (17/02) in the Plenary Courtroom. Photo: PR/Teguh.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) dismissed the petition of Batam Mayor Election Result Dispute filed by Candidate Pair No. 1  Lukita Dinarsah Tuwo dan Abdul Basyid Has (Lukita-Basyid). The Court is of the opinion that the petition has passed the deadline. The Decision Number 127/PHP.KOT-XIX/2021 read out by the Chief Justice of the Constitutional Court Anwar Usman accompanied by eight other Constitutional Justices in the ruling hearing which was held on Wednesday (17/2/2021) in the Plenary Courtroom.

In the legal considerations read out by Constitutional Justice Saldi Isra, the Court responded to the deadline filing the petition. The General Election Commission (KPU) certified the vote count results recapitulation on December 18, 2020 through the announcement board and the kpud-batamkota.go.id page.

"The deadline period of 3 (three) working days from the time the Respondent announced the certification of the election results, from Friday, 18 December 2020 to Tuesday, 22 December 2020 at 24.00 WIB. Meanwhile, the petition filled to the Registrar's Office on Wednesday, December 23, 2020 at 00.49 WIB based on the Petition Filing Certificate (APPP) No. 130/PAN.MK/AP3/12/2020. Thus, the petition has passed the deadline stipulated in the statutory regulations, ” said Constitutional Justice Saldi Isra when reading out the legal considerations.

The Court then responded to the Petitioner's legal standing regarding the threshold requirement. The number of differences in vote acquisition between the Petitioner and the winning candidate was 0.5% x 366,135 votes (total valid votes) = 1,831 votes. Based on the evidence and hearing facts, the Petitioners' vote acquisition was 98,638 votes, while the votes acquired by Relevant Party was 267,497 votes.

"The difference in the vote acquisition between the Petitioner and the Relevant Party was 168,859 votes (46.12%) or more than 1,831 votes. Hence, it exceeds the percentage as required in Article 158 Paragraph (2) Letter D of Law No. 10 of 2016, " said Saldi.

In its consideration, the Court also stated that even if the petition filed within the deadline, quod non, the Court would not have any confidence that the argument could pass through the provisions of Article 158 of Law No.10 of 2016 and pass the a quo case to further hearing.

"Therefore, the Court did not consider the other exceptions of the Respondent and Relevant Party, as well as the principle pleading of the petition," continued Saldi.

At the preliminary hearing on Thursday (28/01), Lukita-Basyid questioned a number of violations in a structured, systematic and massive (TSM) manner applied by Candidate Pair No. 2 M. Rusdi and Amsakar Achmad. The violation caused the Petitioners to only get 98,638 votes, while M. Rusdi and Amsakar Achmad managed to get the most votes, with 267,497 votes. Violations include the use of the government program in the form of 2020 cash social assistance by the incumbent and transferring the position of the Head of Civil Registry and Population Agency (Kadisdukcapil) of Batam City.

Therefore, the Petitioner asked the Court to annul the KPU Decree No. 225/PL.02.2-Kpt/2171/KPU-Kot/IX/2020 concerning the vote count result recapitulation dated September 24, 2020.

 

Writer: Melisa Fitria Dini
Editor: Nur R.
Uploader: Rudi

Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/18/2021 13.54 WIB

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