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Visitors from Halmahera take selfies in front of the Constitutional Court Building, Wednesday (17/02). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) dismissed the petition of the 2020 South Halmahera Regent Election Results Dispute filed by Helmi Umar Muchsin – La Ode Arfan.

"In the principal pleading, declares that the Petitioner's petition is unacceptable," said Chief Justice of the Constitutional Court Anwar Usman accompanied by other Constitutional Justices at the ruling hearing of Decision No. 09/PHP.BUP-XIX/2021, Wednesday (17/2/2021) in the Plenary Courtroom of the Constitutional Court.

In the legal considerations read out by Constitutional Justice Wahiduddin Adams, the Court responded to the Petitioner's legal standing regarding the threshold for submitting a 2020 Regional Election Results Dispute case. In South Halmahera, there are 252,357 people, so the difference between the Petitioner's vote acquisition and the winning candidate is at most 1.5% of the total valid votes determined by South Halmahera General Election Commission (KPU). The number of differences was at most 1.5% x 51,097 votes (total valid votes), namely 1,702 votes.

"The maximum difference in being able to file a petition is 1,702 votes. The Petitioner's vote acquisition was 51,097 votes, while Candidate No. 2 Usman Sidik - Hasan Ali Bassam Kasuba received 62,348 votes. So that the difference in the vote was 62,348 votes minus 51,097 votes, namely 11,251 votes or 9.92%. Thus, the Petitioner has not met the threshold for the difference in votes to file a petition as stipulated in Article 158 Paragraph (2) Letter C of the Election Law,” said Wahiduddin.

"Based on the legal considerations above, the Court is of the opinion that even though the Petitioner is a candidate pair for South Halmahera 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. Therefore, according to the Court, the Petitioner does not have the legal standing to file a quo case,” said Constitutional Justice Wahiduddin Adams reading the Court's opinion.

Previously, according to the Petitioner, the difference in the number of votes was due to the votes reduction in 139 Polling Stations (TPS) located in Electoral District (Dapil) 1 West Bacan District, North West Bacan, West Kasiruta, Batang Lomang. In Electoral District II, Kayoa Sub-district, North Kayoa, South Kayoa, West Kayoa, Makian Island, and West Makian. Meanwhile, Electoral District III in West Gane District, North West, Middle East Gane. Meanwhile, Dapil IV in South Obi and East Obi District. Dapil V in East Bacan Sub-district, Middle East Bacan, South East Bacan, South Mandioli and TPS in Bacan Sub-district as a whole.

In addition, the Petitioner said that South Halmahera KPU had committed acts that violated the important principle in the election that must be carried out democratically based on the principles of direct, public, free, as well as dishonest in carrying out its duties, obligations and authorities which always "take a side" with the interests of the Candidate Pair No. 2 Usman Sidik - Hasan Ali Bassam Kasuba (Relevant Party). (*)

 

Writer: Utami Argawati
Editor: Lulu Anjarsari
Uploader: Fuad Subhan

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

Translation uploaded on 02/18/2021 16.56 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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