---

Constitutional Justice Aswanto accompanied by other Constitutional Justices read out decision No. 03/PHP.BUP-XIX/2021 in the Plenary Courtroom of the Constitutional Court virtually, Wednesday (17/2/2021 ). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) dismissed the petition filed by Syarif and Surian as stated in decision No. 03/PHP.BUP-XIX/2021 read by Chief Justice Anwar Usman accompanied by other Constitutional Justices in the ruling hearing on Wednesday (17/2/2021) at 16.00 WIB in the Plenary Courtroom of the Constitution Court.

The Court has examined the formal and material requirements of the petition regarding the threshold requirements as regulated in Election Law No. 6 of 2020, and also the deadline for filing the petition to the Constitutional Court. The Court has also heard the arguments which have an effect on the vote acquisition. Previously, the Court heard the answers of the Respondent (KPU) and the Relevant Party. Then, the Court also held an exclusive Justice Deliberation Meeting (RPH) to assess and consider the arguments of the petition.

In the legal considerations read out by Justice Aswanto, the Court explained the difference between the Petitioners' vote acquisition and the winning candidate is at most 2% times 113,087 votes or equal 2,262 votes. While the Petitioner received 40,126 votes, the Relevant party obtained 49,109 votes.

"So that the difference in the vote acquisition between the Petitioner and the Relevant Party is 8,983 votes or 7.94% or more than 2,262 votes," said Aswanto.

Therefore, the vote difference was more than 2,262 votes hence the Petitioners do not have legal standing in the a quo case. Thus, the Court cannot proceed with the a quo case.

In their principle pleading, the Petitioner argued that the action of KPU to pass Candidate Pair No. 1 was invalid because it did not meet the legal requirements of nomination. The Respondent suspected of not verified the nomination documents as referred in Law No. 10 of 206 in conjunction with KPU Regulation No. 1 of 2020 concerning the Third Amendment to the General Election Commission Regulation No. 3 of 2017 concerning the Nominations for the Regional Head Election, Article 47 Paragraph (1). Therefore, the Petitioner asked the Court to annul the decision of North Musi Rawas KPU No. 304/PL.02.6-Kpt/1613/KPU-Kab/XII/2020 concerning the Certification of the Vote Count Results Recapitulation announced on Tuesday, December, 15 2020 at 13.45 WIB.

Writer: Siti Rosmalina Nurhayati
Editor: Nur R.
Uploader: Nur Budiman
Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/18/2021 16.29 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.

 

---