The panel of Justices confirmed additional evidence at the third hearing of Ternate Mayor Election Result Dispute, Thursday (4/03) in the Court Room. Photo:PR/Teguh.
JAKARTA, PUBLIC RELATIONS - The problem of voters inflation through the Additional Voters List (DPTb) came to the fore in the third hearing of Ternate Mayor Election Results Dispute which was held by the Constitutional Court (MK) on Thursday (4/3/2021). The hearing session of case No. 55/PHP.KOT-XIX/2021 was scheduled to hear the testimony of the witnesses and experts of the Petitioners, Respondents, and Relevant Party as well as verification.
Candidate Pair No. 3 Muhammad Hasan Bay and Mohammad Asghar Saleh (Petitioner) presented Sarman Saroden who is Central Ternate Sub-District Election Committee (PPK). He revealed that there were some irrelevant and consistent data between voter data and users of voting rights in 17 polling stations (TPS) in Central Ternate District, namely TPS 01, TPS 02, TPS 03, TPS 05, TPS 06, TPS 08, TPS 12, TPS 13, East Makassar Village; TPS 15 Kelurahan Maliaro; and TPS 02 of Santiong Village.
Sarman said that there were voters who voted twice in East Makassar Village. First, voters did vote using the Final Voters List (DPT) according to their ID (KTP) at a particular TPS and then voted again at a different TPS using DPTb. "Noni Husein was registered in the DPT with No. 202 at TPS 01. She used DPTb at TPS 05 (East Makassar Sub-DIstrict) with DPTb No. 32," he said.
Responding to the testimony, the Panel of Justices presided by Constitutional Justice Arief Hidayat immediately confirmed to Ternate KPU (Respondent) by questioning whether double voting at different polling stations was allowed. "If, for example, Noni casted a ballot at TPS 1, at the exit she was finally checked after entering the booth and her finger dyed with ink, was it possible that she can vote again?" asked Arief.
Answering this question, Salman Darwis as the attorney for Ternate KPU revealed that it could not have happened procedurally. However, it could happen if the Polling Station Working Committee (KPPS) members made negligence. "It could happen, Your Excellency. In principle, the supervision by Election Supervisory Body (Bawaslu) already at their best," he explained.
Proven
Regarding this information, the Panel of Justices which also consisted of Constitutional Justices Saldi Isra and Manahan M.P Sitompul immediately clarified the evidence in the form of an attendance list. In the evidence held by the Panel of Justices and witnessed by all parties presented at the Panel Court Room, the voters on behalf of Noni Husein did indeed cast two votes at TPS 01 and TPS 05 of Makassar Village.
"The conclusion was, Noni Husein casted her ballot twice at TPS 01 of East Makassar Village using the DPT, and at TPS 05, East Makassar Village, using DPTb," said Arief. Regarding these findings, Saldi Isra asked to examined the voters at another TPS.
At the request, Sarman named the voter Fachrudin Daud with serial number 98 in the DPT of TPS 01 who voted again using the DPTb at TPS 05 with number 41. The Panel of Justices again asked the parties came forward to examine the evidence directly. "There was the name Fachrudin Daud at TPS 01 and TPS 05. The ID Number (NIK) was the same. The signatures were almost similar," said Saldi.
Arief Hidayat questioned the TPS where the voters voted twice. Sarman revealed that there were 14 polling stations in East Makassar Village, one TPS in Santiong Village, and one TPS in Maliaro Village.
Underage Voters
In his testimony, Sarman added that there were underage voters at TPS 01 of Salahuddin Village, Central Ternate District. He revealed that the voter named Rausan Fikri Konoras who was still in junior high school voted because he was included in the DPT. On this testimony, Saldi Isra confirmed the evidence. "Rausan vote number was 187. Born in September 4, 2005," he said.
Saldi also questioned a certificate letter made by Rausan which confirmed that he had indeed voted at TPS 01. Further, Saldi also questioned a statement made by a member of the KPPS TPS 01 of Salahuddin Village Abdu Rifai Rustam which confirmed that Rausan voted at TPS 01 of Salahuddin Village. "Hereby explaining that I was an officer at TPS 01, Salahuddin Village, on Wednesday, December, 9, 2020, I really saw and witnessed Rausan Fikri Konoras' younger brother voting at TPS 01," said Saldi reading a statement from Abdu Rifai Rustam.
Did Not Know
The Respondent presented Ismun Buamona who was a member of Central Ternate KPPS. He explained that there were objections from the Petitioners' witness regarding voters who used the DPTb which experienced an increase of 1,922 people and Transferred Voters List (DPPH) totaling 93 people. Ismun explained that he only knew about the problem at the time the application was submitted to the Constitutional Court. "When the plenary was not questioned, I only knew when the application was submitted (to the Constitutional Court)," he said.
Ismun revealed that the same thing also happened to the arguments of underage voters which were only discovered when the application was submitted to the Court. However, he confirmed that there were underage voters at Santiong and Maliaro Villages.
To Protect Voters
The Petitioner also presented Bambang Eka Cahya Widodo as an expert. He explained about voters who were not entitled to exercise their right to vote in several TPS. This problem was related to the addition of a sufficiently large number of DPTb, which raised the issue of the citizens' voting rights validity at the TPS.
"The DPTb was actually an effort to protect the voting rights of citizens who were not registered in the DPT. Voter registration was a lengthy process filled with demands of rigor. The goal was to prevent citizens who have the right to vote being overlooked and not registered," said Bambang.
Bambang continued that voters who were not registered in the DPT must be registered in the DPTb. This could be done by taking into account three things, namely the electronic ID (e-KTP) which must matched the address of the voter and the time limit of one hour before the polling station was closed. The purpose of these restriction was to provide opportunities for voters who already registered in the DPT and DPPH, so that if there was a shortage of ballots, they did not sacrifice the voters registered in the DPT and DPPH. The second objective, was to limit the mobilization of voters who were not entitled to use their voting rights, thus causing a shortage of ballots. Voters who had registered in the DPT were not included in the category of voters who may register themselves in the DPTb. There were only two alternatives to use of their voting rights, at the TPS according to the list or at other TPS using the A5 KWK model registered in the DPPH.
"Currently, KPU had provided a ‘sidalih’ application, a voter data information system that can be accessed via a smartphone, so there was not enough reason for officers and voters found it difficult to check whether or not a voter was registered through the website," said Bambang.
Bambang also explained the consequences that would occur if voters who moved to choose another TPS outside their particular TPS. "The failure of KPPS to control unauthorized voters with strict verification will cause genuine voter’ votes to be tainted by votes of unauthorized voters and consequently the voting became worthless. The important key to prevention was the discipline of ID verification, "said Bambang.
Previously, the Petitioner argued that there were voters who cast their ballot outside their domicile. In addition, there were also underage voters. Then there are voters who use multiple voting rights.
For these reasons, the Petitioner requested the annulment of th Ternate KPU Decree No.116/PL.02.6-Kpt/8271/Kota/XII/2020 concerning the Certification of Vote Count Results Recapitulation for the 2020 Mayor Election on December 16, 2020 as long as the votes were obtained in South Ternate District, Central Ternate District, Ternate Island District, North Ternate District, and Batang Dua District. The Petitioner also asked the Court to order Ternate KPU to do re-vote at the TPS of South Ternate District, Central Ternate District, Ternate Island District, North Ternate District, and Batang Dua District.
Writer: Melisa Fitria Dini
Editor: Lulu Anjarsari
Uploader: Rudi
Translator: SO
Editor: NL
Managing Editor: Budi Wijayanto
Translation uploaded on 03/05/2021 12.44 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.
Thursday, March 04, 2021 | 21:14 WIB 362