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The Petitioner presented witnesses in the third hearing for the 2020 Penukal Abab Lematang Ilir Regent Election Results Dispute, case No. 16/PHP.BUP-XIX/2021 which was held online at the Constitutional Court (MK). Wednesday (03/3). Photo:PR/Ilham.

JAKARTA, PUBLIC RELATIONS - The Constitutional Court (MK) held the third hearing of Penukal Adab Lematang Ilir Regent Election Results Dispute on Wednesday (3/3/2021) by presenting witnesses from the Petitioner, Respondent and Relevant Party. The Panel of Justices presided by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh. The petition (No. 16/PHP.BUP-XIX/2021) filled by Candidate Pair No. 1 Devi Harianto and Darmadi Suhaimi. They presented witnesses, and the first one named Tarmizi who said that there were allegations of voters who voted twice in one Polling Station (TPS).

"The location was at TPS 08, Babat Village, Penukal District. At that time, as a voter in the election, I used my National ID (KTP) because I didn't get an invitation to vote. I heard a story from a person named Mulkan, there were three voters who voted twice at TPS 08, Babat Village," said Tarmizi.

The second witness, Hendra Gunawan, explained the allegations related to the ballot signature at voting time. On December 9, 2020, during the voting, Hendra came to TPS 10 Air Hitam Village, Penukal District. Then, he submitted a voter invitation letter to the Polling Station Working Committee (KPPS). Not long after, Hendra was summoned by the KPPS to vote. Before casting his vote, according to the KPPS officer, Hendra did not need to sign.

"The attendance list was there, but KPPS officer immediately ordered me to vote. So, I didn't sign. After I voted and folded the ballot papers, I left straight away,” explained Hendra, who later learned that his ballot paper was signed by a KPPS officer named Khoiri.

Meanwhile, the third witness named Amrullah, conveyed his report to Election Supervisory Body (Bawaslu) regarding the alleged voter named Tarmizi who was also the Petitioner's Witness, known to have voted twice at TPS 08, Babat Village. Amrullah knew this issue from the attendance lists of both Final Voters List (DPT) and Additional Voters List (DPTb).

"I was asked by the Candidate Pair No. 1 as the Petitioner to check the attendance lists of the DPT and DPTb. I saw the name Tarmizi in the DPT and DPTb with the same NIK," said Amrullah.

The Weakness of Regional Election Law

The Petitioner also presented a legal expert, Rufinus H. Hutauruk who explained that Law No. 10 of 2016 concerning the Regional Head Elections. The purpose of this law, according to Rufinus, is that the democracy that has been echoed out loud shall be applied to elections that are honest and fair. Rufinus is of the view that honesty and fairness is defined as no cheating at all.

"If I hear the statements and answers from the Petitioner' witnesses, I am very saddened by the reality of the regional elections," said Rufinus.

Rufinus observed Law No. 10 of 2016 is full of weaknesses. Therefore, he hopes that there will be Regional Election Judicial Procedure Laws, so that the Constitutional Court can function as investigators, public prosecutors, as well as the one who will decide this case. "Because I did not see any rights given to Bawaslu or General Elections Commission (KPU), even to Integrated Law Enforcement (Gakkumdu) within such a limit and this becomes so crucial," said Rufinus.

Clarification of Respondent’ Witnesses

Penukal Abab Lematang Ilir KPU as the Respondent presented a witness named Dahrul Munadzali, a member of Talang Ubi Sub-District Election Committee (PPK) on voting day. Dahrul explained about the Petitioner's accusation that 12 voters voted twice in Talang Ubi District.

"The accusation was not true, we have conducted joint investigations with all our ranks. Both PPK, Polling Committee (PPS), as well as KPPS and meet directly with the voters concerned. They have never exercised their voting rights in the DPT, as per a statement letter from voters which was strengthened by a statement letter from the KPPS," explained Dahrul.

The next witness, Alamsyah, Chairman of Penukal Sub-District Election Committee (PPK). He emphasized that it was not true that 13 voters voted more than once in Penukal District. Alamsyah and his ranks have traced 13 voters who apparently did not vote in the DPT.

Furthermore, the third witness named Johan Saputra, Chairman of North Penukal PPK. Johan also denied the question of two voters who were accused of having cast their ballot twice in North Penukal District.

The Respondent also presented I Gde Pantja Astawa as an expert who explained that the Petitioner' accusations related to voters who voted more than once, including falsification of voter signatures, were actually denied by the Respondent and the submitted evidences. However, Astawa focused more on the issue of the mandate witness of the Petitioner.

"This issue of mandate is important because a study of the mandate will explain the essence meaning of the mandate, the relationship between the mandate giver and recipient, and the legal consequences arising from that particular relationship. All of these are important to examine, whether the things that have been done and approved by the witness who are armed with the Petitioner's mandate, act for and on behalf of the Petitioner, could re-submit by the Petitioner in this hearing," Astawa explained.

Explanations of Relevant Party’ Witnesses

Meanwhile, Candidate Pair No. 2 Heri Amalindo and Soemarjono as the Relevant Party presented a witness named Prakash Padukone as the witness of Heri and Soemarjono during the vote count recapitulation in Penukal District. Prakash said the vote count went smoothly and there were no objections from the witnesses of all candidate pairs.

Another witness, Ja'al Rustoni who was also the witness of the Relevant Party during the vote count recapitulation in North Penukal District. Rustoni explained that there was an objection by the witness of Candidate Pair No. 1. Furthermore, the witness from the Relevant Party in Talang Ubi PPK, Rohman, explained that there was no objection from the witness of Candidate Pair No. 1 to the vote count results.

Writer: Nano Tresna Arfana.
Editor: Nur R
Uploader: Nur Budiman

Translator: SO
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 03/04/2021 15.05 WIB

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