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The Constitutional Court (MK) held a ruling hearing for Nunukan Election Results Disputes No. 49/PHP.BUP-XIX/2021 virtually in the Plenary Courtroom, Wednesday (17/2/2021). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) held the ruling hearing of Nunukan Regent Election Results Dispute on Wednesday (17/02) at the Plenary Courtroom of the Constitutional Court. The petition filed by Candidate Pair No. 2 Danni Iskandar and Muhammad Nasir (Dani-Nasir). The Court declared the petition unacceptable.

“Declares that the petition cannot be accepted," said Anwar accompanied by other Constitutional Justices when read the decision No. 49/PHP.BUP-XIX/2021.

Previously, Dani-Nasir as the Petitioner obtained 45,359 votes asked the Court to annul Nunukan Genera Elections Commission (KPU) Decree which had determined Candidate Pair No. 1 Asmin Laura and Hanafiah received 48,019 votes obtained in a way that was against the law, dishonest and notaccording to the election principles.

The Petitioner argued that the vote difference between Candidate Pair No. 1 and Candidate Pair No. 2 according to the Respondent was 2,660 votes. However, the Petitioner continued to file a petition in casu to the Constitutional Court to seek justice by taking into account the fundamental things that affected the overall voting process in Nunukan Regency which was full of structured, systematic and massive (TSM) violations, both by election organizers and by the Candidate Pair No. 1.

Regarding this argument, the Court responded to the Petitioner's legal standing regarding the threshold for filing election dispute petition. The total population based on sex per district of Nunukan Regency in 2020 is 183,494 people. In line with with Article 158 Paragraph (2) Law No. 10/2016, "Districts / Cities with a population of up to 250,000 inhabitants, vote acquisition disputes shall be submitted if there is a maximum difference of 2% of the total valid votes resulting from the final vote count determined by the KPU."

The number of valid votes is 93,378 votes and the threshold for the vote difference is 2% x 93,378 votes, namely 1,867 votes. However, because the difference in the vote acquisition between the Petitioner and the Relevant Party was 2,660 votes, it exceeds the threshold as stipulated in Article 158 Paragraph (2) of Law No. 10/2016.

"Based on the legal considerations above, the Court opined that even though the Petitioner is a candidate pair of Nunukan Regent Election, the Petitioner does not fulfil the provisions relating to the legal standing to file the petition as referred in Article 158 of Law No. 10 of 2016. The Petitioners do not have the legal standing to file a quo case,” said Constitutional Justice Daniel Yusmic P. Foekh who read out the legal considerations.

In addition, the Court responded to the Petitioner's argument regarding Candidate Pair No. 1 who is also the incumbent Regent and suspected of having committed the money politics by utilizing the Nunukan Regional Budget (APBD) for personal or political interests in the form of giving additional income allowances to employees of the Regional Border Management Agency of Nunukan Regency, local government officials, and  special allowances to thousands of elementary and junior high school teachers in the Nunukan District Education and Culture Office. According to the Court, this argument is not proven and legally groundless.

 

Writer: Nano Tresna Arfana.

Editor: Nur R
Uploader: Nur Budiman

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

Translation uploaded on 02/18/2021 17.06 WIB

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