Southwest Maluku Election Dispute: Vote Margin Threshold Exceeded
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Wednesday, February 17, 2021 | 20:11 WIB

Constitutional Justice Daniel Yusmic P. Foekh reading out the verdict at the hearing of the Southwest Maluku Regency election results dispute, Wednesday (17/2/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) rendered the 2020 Southwest Maluku regent election results dispute petition inadmissible. It was filed by Candidate Pair No. No. 1 Nikolas Johan Kilikili-Desianus Orno.

“[The Court] declares the Petitioner’s petition inadmissible,” said plenary chair Chief Justice Anwar Usman reading out the Decision No. 73/PHP.BUP-XIX/2021 alongside the other eight constitutional justices at a virtual ruling hearing on Wednesday, February 17, 2021 in the plenary courtroom.

Based on the 2020 Subdistrict population data used in the election, the population of Southwest Maluku Regency was 74,581. For the Petitioner to be able file an election dispute petition, the requirement set in Article 158 paragraph (2) letter c of Law No. 10 of 2016 must be met: the vote margin threshold shall not exceed 2% of the total valid votes in the final recapitulation as certified by the regency’s General Elections Commission (KPU), or 2% of 46,610, or 932 votes.

In the election, Candidate Pair No. 1 (Petitioner) earned 13,244 votes while the Candidate Pair No. 2 Benyamin Thomas Noach-Agustinus Lekwardai Kilikili (Relevant Party) earned 28,210 votes, so the vote margin between them was 14,966 votes or more than the 932-vote threshold.

“Based on the aforementioned legal considerations, the Court believes that although the Petitioner was a candidate pair in the 2020 Northwest Maluku regent election, they didn’t meet the provision regarding legal standing to be able to file a petition as referred to in Article 158 of Law No. 10 of 2016. Therefore, the Court believes the Petitioner didn’t have legal standing to file the a quo petition,” said Constitutional Justice Daniel Yusmic P. Foekh reading out the Court’s legal opinion.

Also read:

Questioning the Irregularities of Aru Island Final Voters List (DPT)

Objections of Aru Island, Southwest Maluku, East Seram General Elections Commission (KPU) 

In the preliminary hearing, the Petitioner objected to the Respondent’s vote counting recapitulation. They also alleged that the regency’s government apparatus and the Respondent had committed structured, systematic, and massive (TSM) violations for the victory of Candidate Pair No. 2 Benyamin Thomas Noach-Agustinus Lekwardai Kilikili (incumbents), who earned 28,210 votes.

Writer: Nano Tresna Arfana
Editor: Nur R.
Uploader: Nur Budiman

Translator: Yuniar Widiastuti
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 02/18/2021 19:02 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.


Wednesday, February 17, 2021 | 20:11 WIB 244