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Constitutional Justice Suhartoyo accompanied by other Constitutional Justices read out the decision of Malinau Regent Election Results Disputes case No. 66/PHP.BUP-XIX/2021 which was held virtually in the Plenary Courtroom of the Constitutional Court, Wednesday (17/2/2021). Photo: PR/Ifa.

JAKARTA, Public Relations of the Constitutional Court— The Constitutional Court (MK) held the ruling hearing of malinau Regent Election Results Dispute on Wednesday (17/02). 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. 66/PHP.BUP-XIX/2021 in the virtual ruling hearing on Wednesday (17/02) at the Plenary Courtroom of the Constitutional Court.

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 Malinau Regency in 2020 is 81,059 people. In line with with Article 158 Paragraph (2) Law No. 10/2016, whereas the difference in vote acquisition between the Petitioner and the winning candidate in order to file the petition shall be in maximum difference of 2% of the total valid votes resulting from the final vote count determined by the KPU.

The number of valid votes of the 2020 Malinau Regent Election is 42,708 votes. Based on the valid votes, the threshold for the difference in votes required is 2% x 42,708 votes, namely 854 votes. However, because the difference in the vote acquisition between the Petitioner and the Relevant Party was 10,050 votes, it exceeds the threshold as stipulated in Article 158 Paragraph (2) of Law No. 10/2016.

"Based on the above legal considerations, the Court opined that even though the Petitioner is a candidate pair of Malinau 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 do not have the legal standing to file a quo case, ” said Constitutional Justice Suhartoyo.

 

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 17.08 WIB

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