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Wednesday, February 24, 2021 | 14:38 WIB

Constitutional Justice Enny Nurbaningsih showing an attendance list at the third hearing of the 2020 Sekadau Regency election results dispute, Wednesday (24/2/2021) in the Panel I Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held the third hearing of the 2020 Sekadau Regency regent election dispute case No. 12/PHP.BUP-XIX/2021 on Wednesday, February 24, 2021 in the plenary courtroom. The hearing had been scheduled to present the Petitioner’s, Respondent’s, and Relevant Party’s witnesses and experts as well as to verify evidence.

Candidate Pair No. 2 Rupinus-Aloysius presented several witnesses. One of them were Paulus Sutami, who testified about unsealed vote results plastic and envelope as well as a one-day vote counting in Belitang Hilir Subdistrict.

“I saw that all the plano C forms were in one box, then [I] raised an objection and asked the PPK [subdistrict election committee] why the plastic was unsealed. The Belitang Hilir PPK answered they forgot [to seal it]. Then [I] reported it to Bawaslu [Elections Supervisory Body] and requested a revote,” he said before the panel led by Chief Justice Anwar Usman. He believes the objection had been conveyed to the KPU (General Elections Commission), who then asked him to file a report.

Paulus then said that the number of ballots received didn’t match the ones used, returned, and damaged. Meanwhile, at TPS 11 of Sekadau Hilir Subdistrict only the C-result-KWK form was distributed at the polling stations (TPS). The issue was raised with Bawaslu, who then asked the PPK.

Forwarded to Bawaslu

In response, Drianus Saban on behalf of the Sekadau Regency KPU admitted that the D envelope in Sekadau Hilir Subdistrict was unsealed and the hologrammed c plano result was in one box. “It happened when we were doing the recapitulation in the regency. The boxes that were brought from the subdistricts to the regency were sealed properly using cable ties. When it was opened, the PPK chair showed the envelope to the plenary participants,” he explained.

Saban said the finding was declared an administrative violation by Bawaslu. “We explained that the DPT [final voters list], valid and invalid vote acquisitions, and the certification in the subdistrict match the [data] by the KPU. There was no change of numbers at the TPS, in the villages, subdistricts, and regency. A written warning was given following Bawaslu’s recommendation because the PPK had violated the procedure of storing the C result and D result forms of the subdistricts,” he explained.

He refuted the allegation that some C6 forms weren’t distributed to voters. He said the Petitioner didn’t mention it in the petition. He also said that the C6 and C6 result copy forms had been distributed to voters.

At the hearing, the justices also heard the Petitioner’s expert Tohidin, a former Sekadau Regency KPU member of 2013-2018. He stated that the Pilkada (regional head election) Law prohibits all intentional and unintentional acts of violation of the standard procedure and that such acts constitute electoral administrative violations.

Also read: Central Kalimantan, East Kotawaringin, Sekadau Election Results Challenged

Forms of Violation

Tohidin said that administrative violations, when occurring only once or twice, are understandable. However, when it is proven that it happens at many polling stations, it was against the election organizer’s professionalism. “For example, the failure to report many C6 forms is an administrative violation, despite not directly affecting the election results. However, when it occurs, there is suspicion of intention to harm a certain candidate,” he explained virtually.

Similarly, Candidate Pair No. 1 Aron-Subandrio (Relevant Party) presented several witnesses. One of them was Meningan, a witness at the PPK of Belitang Hilir Subdistrict. He explained that the recapitulation at the PPK was attended by the election organizer, PPK members, Panwascam (subdistrict election supervisory committee), Sekadau Regency KPU Commissioner, and witnesses for each candidate pair.

He said he wasn’t aware of unsealed envelope and forms mixed in one box because he was only a witness at the Belitang Hilir PPK. “The envelope was allegedly discovered after the Sekadau Regency KPU plenary meeting. To my knowledge, since the Belitang Hilir PPK brought [the ballot box] to the Sekadau Regency KPU, it was sealed properly. [The PPK] didn’t take them by themselves, but along with a security detail,” Meningan said.

Also read: KPU Refutes Allegations by Petitioners in Sekadau and Kotabaru Regency Elections

At the preliminary hearing, Sekadau Regency Candidate Pair No. 2 Rupinus-Aloysius (Petitioner) alleged that the KPU had certified invalid election recapitulation results, committed violations, and failed to follow existing procedure in six or seven sub-districts: Belitang Hilir, Nanga Taman, Nanga Mahap, Sekadau Hulu, Sekadau Hilir, and Belitang Hulu, except for Belitang.

There had allegedly been mistakes in the voting at 49 TPS in Nanga Taman, Nanga Mahap, Sekadau Hulu, Sekadau Hilir, and Belitang Hulu, while vote counting errors had occurred at 5 TPS in Sekadau Hulu Sub-district. The final voters list in the subdistricts where the violations and procedural errors of voting and vote counting happened affected 34,584 votes—a significant number that could’ve affected the vote results.

In addition, the Sekadau Regency KPU allegedly failed to inform the notice return minute at their plenary meeting, which violated Article 13 of the KPU Regulation No. 8 of 2018 on the Voting and Vote Counting of the Governor-Vice Governor Election. 

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

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

Translation uploaded on 02/24/2021 18:34 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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