The Constitutional Court (MK) held the third hearing of South Nias Regent Election Result Disputes No. 59/PHP.BUP-XIX/2021 which was presided by Deputy Chief Justice of the Constitutional Court Aswanto accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh. Monday (01/3). Photo: PR/ Ilham.
JAKARTA, PUBLIC RELATIONS – The third hearing of South Nias Regent Election Results Dispute was held by the Constitutional Court on Monday (1/3/2021). The Candidate Pair No. 2 Idealisman Dachi and Sozanolo Ndruru (Petitioner for case No. 59/PHP.BUP-XIX/2021) presented a number of witnesses.
First, Mukami Eva Wisman Bali, explained that there had been administrative violations by Candidate Pair No. 1 Hilarius Duha and Firman Giawan as incumbent. Mukami, as the external legal team of Petitioner obtained information regarding fish harvesting activities by the incumbent as a form of election campaign and reported it to Election Supervisory Body (Bawaslu). However, there was no follow up from Bawaslu. Mukami also reported the political oration of Candidate Pair No. 1 which mentioned there would be a distribution of pig breeds once it approved by South Nias Legislative Council (DPRD), to be distributed to the public.
"This report was registered by Bawaslu and followed up, so that on December 18, 2020 Bawaslu issued a recommendation which was forwarded to the General Election Commission (KPU). However, KPU did not follow up," Mukami explained to the Panel of Justices led by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.
On December 21, 2021, Mukami made another report to Bawaslu regarding the distribution of Social Cash Assistance (BST) carried out by the incumbent. On December 27, 2020 a recommendation was issued, but the KPU did not follow up on it.
The second witness, Kristiana Maduwu, explained about the distribution of BST on June 24, 2020 at a meeting hall located in South Nias Regency. Kristiana admitted that she received BST of Rp1,800,000 (per person). She did not know exactly which party who provided it and the other BST recipients.
“I remember the person who gave me the BST said 'solid'. It looks like the code from Candidate Pair No. 1,” said Kristiana.
The third witness, Darius Manao, who explained that there was a grand campaign in Bawomataluo Village, Fanayama District from Candidate Pair No. 1 on November 22, 2020, who was ready to provide a large budget on pig breeds for villagers. In addition, Darius conveyed the distribution of staple food package to voters during the campaign period.
KPU Is Obliged To Follow Up
The Petitioner also presented an expert, Romi Librayanto. He emphasized that the main basic principle that must be adhered to is that KPU is obliged to follow up on the Petitioner's problems based on Bawaslu's recommendation.
"This is the basic principle that must be upheld by KPU. KPU is given time to examine and decide Bawaslu’s recommendations for a maximum of 7 days," said Romi.
Romi also emphasized that the meaning of examining and making decisions is not the same as giving an assessment.
"Investigating and deciding in this case is administrative in nature, not such an assessment. For example, checking the accuracy of names, nothing obscure from Bawaslu's recommendations and other matters that constitute administrative errors, " said Romi.
Thus, said Romi, the follow-up carried out by KPU should indeed be in line with the things recommended by Bawaslu.
Inauguration of the Campaign Team
Meanwhile, Candidate Pair No. 1 Hilarius Duha and Firman Giawan as the Relevant Party presented a witness named Emanuel Las'awa Fa'u who explained that the grand campaign event on November 22, 2020 in Bawomataluo Village, Fanayama District, as conveyed by the Petitioner's Witness, was the inauguration of the campaign team. Many parties attended the event, there was Candidate pair No. 1, the whole campaign team, a volunterary team, community organizations and others.
"The event was held from noon to evening. At the inauguration ceremony, a number of things were conveyed by one of the community leaders in Bawomataluo Village. If Candidate Pair No. 1 is elected as the head of South Nias region, it is necessary to provide pig breeds for the people of Bawomataluo Village. Because in that village, many pigs died from disease outbreaks. In addition, there is a request for road repairs in Bawomataluo as a tourism village," said Emanuel.
Another witness from the Relevant Party, Asazutulo Giawa, as a member of the South Nias DPRD, explained the pig farming program in South Nias Regency. Asazutulo believed, there is no program to procure pig breeds in South Nias in 2020. The procurement program for pig breeds is planned for 2021.
Next witness, Arisman Zalukhu, confirmed the distribution of BST from the Ministry of Social Affairs on June 24, 2020 which was attended by the incumbent, DPRD, sub-districts heads, village heads, Indonesian Military (TNI), police and BST recipient participants.
"The Regent directed the sub-district heads to distribute BST according to the verified data and in accordance with the data of BST recipients," explained Arisman.
Meanwhile, the expert of the Relevant Party, Maruarar Siahaan, said that in the elections for regional heads which involved incumbent, there were several things that gave them distinct advantages.
“When the incumbent has been on duty for five years, usually he will naturally show his performance and appearance for five years term in office. This can be said to be a campaign that preceded what was done in the regional election," said Maruarar.
With that reason, said Maruarar, when the incumbent is excellent in the election, it happened naturally. Although in many ways, programs such as BST which is a government program in the response to the Covid-19 pandemic, will create the misunderstandings that occur in the appearance of the incumbent.
General Election and Regional Election Arrangements
The Respondent's Expert, Titi Anggraini as a Member of the Advisory Board at the Association for Elections and Democracy (Perludem) revealed that Indonesia's electoral legal framework has not been consolidated in one manuscript. Election and regional election arrangements are still separated.
"Our electoral legal framework is still separating the arrangements between general elections and regional elections. Even though the elections will be conducted in direct, public, free, confidential, honest, fair and carried out by a National Election Commission, which are permanent and independent,” said Titi.
As a consequence of this separate arrangement, said Titi, there is four potential problems to occur, namely contradiction, duplication, no standardization, and the regulation of election process which is not fully based on the parameters of democratic elections.
"These four problems often trigger the review of the General Election Law and the Regional Election Law to the Constitutional Court to resolve existing legal problems," explained Titi.
One of them, continued Titi, the review of the Regional Elecgtion Law related to the constitutionalism of Bawaslu in organizing the elections which was finally resolved by the Constitutional Court Decision Number 48/PUU-XVII/2019 which stated the nomenclature of the institution, the institutional nature and composition of the election supervisory membership which must be adjusted to Law No. 7/2017 concerning General Elections.
Writer: Nano Tresna Arfana.
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Translation uploaded on 03/02/202112.48 WIB
Monday, March 01, 2021 | 16:23 WIB 254