---

The Constitutional Court (MK) held the third hearing for Bandung Regent Election Results Dispute No. 46/PHP.BUP-XIX/2021 with the agenda of listening to witness/expert information which was held online at the Court, Wednesday (24/02/2021). Photo:PR/Ilham.

JAKARTA,– The Court held the third hearing of Bandung Regent Election Results Dispute on Wednesday (24/02/2021) in Panel II courtroom presided by the Deputy Chief Justice Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh. The agenda was listening to witnesses/expert information and certification of additional evidences.

The Petition No. 46/PHP.BUP-XIX/2021 filed by Candidate Pair No. 1 Kurnia Agustina and Usman Sayogi JB. The Petitioner asked for the annulment of Bandung General Election Commission (KPU) Decree No. 258/PL/02.6-Kpt/3204/Kab/XII/2020 concerning the Vote Count Recapitulation Results for the 2020 Bandung Regent Election. They presented an expert, Maruarar Siahaan and three witnesses, Deden Deni Nugraha, Asep Sobari, and Iwan Ridwan.

Maruarar Siahaan explained that promises in the form of entrepreneurship cards, farmers, and Koran teachers had entered the realm of systematic and massive structured violations. This is regulated in Article 73 paragraph (1) of Law No. 10 of 2016 which states, candidates and/or campaign teams are prohibited from promising and/or giving money or other materials to influence election organizers and/or voters. In this case, the organizer (Respondent) who does not follow up on the infringement can be categorized as a violation.

"Therefore, in accordance with Article 73, the Court might decide ondisqualification, re-voting, or other steps," said Maruarar.

Regarding the difference in the threshold of vote acquisition between the Petitioner and Relevant Party by 25.16% (417,189 votes), the difference in the a quo case greatly exceeds the threshold for filing a dispute required in Article 158 Paragraph (2) of Law No. 10 of 2016. According to Maruarar, this article applies if the Regional Election process is carried out correctly without any violations.

"So, if there is any doubt about a process and it is proven that there has been a systematic and massive structured violation (TSM), the procedural requirements in the form of threshold requirements can be put aside and the Court can examine the substance of the case." Maruarar explained.

Furthermore, the Panel of Justices examined the witnesses. The three witnesses presented by the Petitioner inform the alleged violations that had been committed by Candidate Pair No. 3 (Dadang-Sahrul) during the campaign process and the quiet period.

"I did not sign the minutes of vote count recapitulation results because there were still legal cases filed by the Petitioners and are still in the process including violations committed by Dadang-Sahrul during the campaign and quiet period," said Deden.

Deden also explained three violations that occurred which were carried out by Dadang-Sahrul which were later explained by two other witnesses. First, violations of health protocols committed during the campaign period, namely the Sapa Warga event in Solokanjeruk. Second, the use of money politics by distributing cards that have a cash value on entrepreneurial cards, Kaji teacher cards, and farmer cards (evidence in the form of photo cards). Third, violations that were committed during the quiet period in which there was a distribution of groceries in two areas of Bandung Regency through the discovery of a white Grandmax vehicle carrying it.

The finding occurred in Paseh District, Sukamanah on December 6, 2020, where initially the groceries would be distributed in Ibun District, Bandung Regency. It contained 43 sacks of rice and 368 liters of cooking oil and this was reported to District Election Supervisory Committee (Panwascam) who came directly to the location. All violations have been reported to Bandung Election Supervisory Body (Bawaslu) on December 7, 2020 but are not considered as campaign violations.

At the same session, Bandung KPU (Respondent) presented three witnesses namely Agus Suhayat, Ahmad Arifin, and Jajang Rustandi. Agus Suhayat, who is the Head of the Sub-District Election Committee (PPK) of the Bojongsoang District, explained that the recapitulation process on December 11 and 12, 2020 went orderly and smoothly.

"The process of recapitulation was witnessed by Candidate Pair No. 1, 2 and 3. None of the witnesses objected to the correction of the recapitulation in which they signed the minutes " said Agus.

Agus continued, in the recapitulation process, witnesses from the three candidate pairs had no objections. Regarding the improvement of the vote count results, it only happened because of an error in data input, witnessed by all witnesses.

The next testimony was delivered by Ahmad Arifin, Chairman of PPK Pameungpeuk District, Bandung Regency who complemented and strengthened Agus's testimony.

"The recapitulation process which was held on December 11, starting at 9 am to 11 pm went on safely, orderly and smoothly. There were no witnesses from the three candidate pairs who submitted objections to the results of the recapitulation," said Ahmad Arifin.

He also revealed that only the witness of Candidate Pair No. 1 did not put a signature which he believed the witness did not fully attending the recapitulation process at the sub-district level.

Similarly, Jajang Rustandi, Head of PPK Nagreg District explained the recapitulation process was attended by witnesses from the three candidate pairs.

"The recapitulation process ran safely, smoothly and orderly, although there must be a process of improvement as there was an improvement in voter data and it has been completed. The repairs were completed on December, 12,” said Jajang.

Jajang also explained, only the mandate witness of Candidate Pair No. 1 who did not sign the recapitulation results, either on the 11th or 12th December. The mandate witness had left the location where the recapitulation took place since the 11th, before the counting process was completed.

 

Writer: Siti Rosmalina Nurhayati
Editor: Nur r
Uploader: Nur Budiman

Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 02/25/2021 13.06 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.

---