Bernard L. Tanya: Regional Head Elections Committee Shall Based On Honesty, Fairness, and Independency 

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Bernard L. Tanya as the Expert invited by the Petitioner gave his explanation virtually in the hearing of Regent Election Results Dispute for Malaka Regency, Tuesday (23/02) in the plenary courtroom. Photo by Public Relations/Teguh.

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT – Bernard L. Tanya as the Expert invited by Candidate Pair Number 2 Stefanus Bria Seran and Wendelinus Taolin (Petitioner) gave his explanation in the hearing for Regional Head Election Results Dispute for Malaka Regency held by the Constitutional Court on Tuesday (23/02) with the agenda Hearing the information from Witness(es) and Expert(s) of Petitioner, Respondent, and Elections Supervisory Body (Bawaslu), as well as proof of evidence. He explained that the election committee should be free from any personal interest in order to maintain their independence. In carrying out their duty, the election committee should be based on the honesty, fairness, and independency principles in the value of rationality. Those election principles served as a measurement of the election law enforcement in the whole election process. 

Responding to the case Number 24/PHP.BUP-XIX/2021, Tanya explained that in the philosophy of law, the principles of honesty, fairness, and independency acted as the measurement of normality and abnormality. If the election committee ignored those principles, then it meant they had ignored the whole election law. 

“That the principles of direct, free, and confidential were a significant value in determining the leader without any pressure or manipulation. Hence, there should not be any procedure made by the election committee to confuse the voters. Whereas the principles of honest and fair were the value guaranteeing everything was done correctly in accordance with the law. This should be guaranteed so there was no manipulation to the voters,” he explained virtually.

Responding to the question of Yafet Yosafet WR as the Petitioner attorney regarding the discovery of a stealth ID Card Numbers, Tanya thought that the whole election process from the beginning to the end should be done in accordance with the law while upholding the integrity. In regards to the alleged money grants given to voters, he said that promising to give some money to voters was a severe violation.  

Stealth ID Card Numbers

Within the same hearing, Petitioner also invited several witnesses, some of them were Yohanes Germanus, Agustinus Dakrus, and Fridus Nahak. Agustinus Dakrus as the operating staff in the Department of Population and Civil Registration that said he found 2.363 of stealth ID Card Numbers while synchronizing the election data. “The term ‘stealth’ ID Card Numbers was used when we input the numbers then no data was found. Those 2.363 ID Card Numbers were spread out in 44 of 127 villages in 12 districts,” Dakrus said.

Fridus Nahak as the polling committee (PPS) supported what Dakrus said. Nahak explained that in doing his job to crosscheck/clarify the data, be it multiple data, deceased voters, and reporting the Final Voters List (DPT) from the village to the district. If there was any mistake, it would be reported to the sub-district election committee (PPK) to cross the voters’ name and notify the district committee.  

“Although the withdrawal of the notification based on the DPT dated on 30 November 2020, the data given to polling station (TPS) was still the same in terms of numbers, the only change was the voters’ sequence,” he said in the hearing chaired by Justice Arief Hidayat accompanied by Justices Saldi Isra and Manahan MP Sitompul.

Data Update

General Elections Committee (KPU)  of Malaka Regency as Respondent invited Agustina Dakrus, Alfonsius Bria, and Ferdinandus as the witnesses. Agustina Dakrus who served as the head of PPK stated that her team had updated the voters data orderly in 21 polling stations in 6 villages of East Malaka District. 

“Data update was done orderly, starting from the crosscheck and observation, monitoring, and creating the updated list which later was validated as the DPT. The plenary meeting for the temporary DPT in the district level was done on 2 September 2020, whereas the final data sent to the polling station was dated on 9 October 2020 in which 6.626 voters were listed on the DPT for East Malaka District,” she said. 

Incentive for Local Figures 

Candidate Pair Number 1 Simon Nahak and Louise Lucky Taolin (Relevant Party) invited 3 (three) witnesses, one of those being Yohanes B. Nahak as one of six people in Bereliku Village receiving an incentive since 2017. “This incentive had a legal basis, based on a Confirmation Letter form the Village. Hence, this was not an election related promise because it had existed before the election,” Nahak said. 

The next witness, Yufen Bria who was the person in charge as the mediator for the Relevant Party and KPU of Malaka Regency gave an explanation concerning the validation process of DPT. Based on her observation, Petitioner witnesses were present when DPT was validated. In the plenary meeting for DPT led by the Head of KPU of Malaka Regency, the number of voters was 115.304 voters. “All parties received the copy of the finalized DPT and the commissioner of Bawaslu was also there to witness the event,” Bria said. 

Petitioner claimed that the Relevant Party promised to give salary for the local figures should they vote for them. However, Petitioner did not see that Bawaslu gave a warning in regards to this matter and ignored it instead whereas the “money politics” practice as such should be given an administrative penalty which was the disqualification as a Candidate Pair based on the Article 73 Paragraph (1) and (2) and was possible to be convicted based on Article 187a of Law Number 10/2016.

Petitioner attorney also stated that there was a systematic violation, namely the ‘ghost’ voters listed on DPT spread out in almost all polling stations in 12 districts of Malaka Regency using several ways. One of the manipulation methods done by KPU of Malaka Regency (Respondent) was to modify the identity of ‘ghost’ voters, e.g Name, ID Card Numbers, Family Card Numbers, birthdate, and address. KPU decreed that Candidate Pair Number 1 received 50.890 votes whereas Petitioner received 49.906 votes hence the difference was 984 votes or less than 2%. Therefore, petitioner plead to be declared as the winner of the election and disqualify Candidate Pair Number 1.

Writer : Sri Pujianti
Editor : Lulu Anjarsari
Uploader : Rudi
Translator : WA (IA)
Managing Editor : BW

Translation uploaded on February 23, 2021 at 18.50 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.