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Constitutional Justice Saldi Isra when reading out the legal considerations at the ruling hearing of Manado Mayor Election Results Dispute, Wednesday (17/02) at the Plenary Courtroom of the Constitution Court. Photo: PR/Teguh.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) dismissed the petition filed by CandidatePair No. 4  Julyeta Paulina A. Runtuwene dan Harley Afredo B. Mangindaan regarding Manado Mayor Election Results Dispute. The decision No. 114/PHP.KOT-XIX/2021 read by Chief Justice Anwar Usman accompanied by other Constitutional Justices in the ruling hearing on Wednesday (17/2/2021) at the Plenary Courtroom of the Constitution Court.

In the legal considerations read out by Constitutional Justice Saldi Isra, the Court responded to the Petitioner's legal standing regarding the threshold in filing regional election dispute case. According to the Court, the difference in vote acquisition between the Petitioner and the winning candidate exceeds the threshold as stipulated in Article 158 Paragraph (2) Letter B Law No. 10/2016. This resulted in the Petitioner having no legal standing.

“The Petitioners' vote acquisition was 66,730 votes, while Relevant Party received 88,303 votes. Hence, difference was 21,573 (8,98%) or more than 3,605 votes as stipulated in Article 158 Paragraph (2) Letter B of Law No. 10/2016”, explained Saldi.

He continued that the Court does not have any belief that the Petitioner's argument has an effect on the fulfilment of Article 158 Paragraph (2) of Law Number 10 of 2016 requirements. Thus, the Court is of the opinion that the Petitioner’' argument is not sufficient to deviate the provisions of Article 158 Paragraph (2) of Law Number 10 of 2016 and continue the a quo case to the further hearing.

In the preliminary hearing on January 29, 2021, Julyeta Paulina A. Runtuwene and Harley Afredo B. Mangindaan stated that the process of implementing the 2020 Manado Mayor Election was dishonest, unfair and full of fraudulent practices in structured, systematic and massive plan based on documents that were deliberately prepared by the Respondent.

The Petitioner also argued that a copy of Final Voters List (DPT) was not given to all witnesses at the Polling Stations (TPS) as stipulated in statutory regulations. As a result, the Petitioner's witness could not see the suitability of voters in 11 Districts. Apart from that, they also found that voters who chose the governor were also given ballots for the mayoral election.

Therefore, in its petitum, the Petitioner asked the Court to annul Manado KPU Decree No. 722/PL.02.6-Kpt/7171/KPU-Kot/XII/2020 concerning the Certification of Vote Count Results Recapitulation and disqualify Candidate Pair No. 1 Andrei Angouw and Richard Marten Sualang, as well as carry out re-voting in 11 sub-districts in Manado City. (*)

 

 

Writer: Melisa Fitria Dini
Editor: Lulu Anjarsari
Uploader: Rudi

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

Translation uploaded on 02/18/2021 12.04 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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