Monday, March 8, 2021 | 12:11 WIB
Attorney Yafet Yosafet Wilben Rissy at the evidentiary hearing of the 2020 South Konawe Regency election results dispute case No. 134/PHP.BUP-XIX/2021, Monday (8/3/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.
JAKARTA, Public Relations—The controversy surrounding the election of US national Orient P. Riwu Kore as Sabu Raijua regent advanced to the Constitutional Court (MK). A preliminary hearing of the 2020 Sabu Raijua regent election dispute took place on Monday morning, March 8, 2021. The case No. 134/PHP.BUP-XIX/2021 was filed by individual citizens Herman Lawe Hiku and Marthen Radja as well as Yanuarse Bawa Lomi on behalf of the Civil Alliance for Sabu Raijua’s Democracy (AMPEDO). The special panel consisting of Constitutional Justices Saldi Isra (panel chair), Suhartoyo, and Enny Nurbaningsih presided over the hearing.
The Petitioners’ attorney Yafet Yosafet Wilben Rissy said that regent candidate No. 2 Orient Patriot Riwu Kore was a US national, as confirmed by the US Embassy in Jakarta on February 1, 2021. The Petitioners said that the Sabu Raijua Regency Bawaslu (Elections Supervisory Body) had been aware of Kore’s nationality, which prompted them to send a letter to the regency’s General Elections Commission (KPU, Respondent) on September 5, 2020 to verify his nationality with caution. However, Yafet added, the Respondent wasn’t thorough in the verification, resulting in Kore’s confirmation as regent-elect.
Yafet explained that the regency’s Bawaslu had sent letters to various government institutions for confirmation of Kore’s nationality. However, until the Sabu Raijua regent-vice regent election was completed, they didn’t find answers. They then sent a letter to the US Embassy in Jakarta on January 7, 2021.
“The reply from the US Embassy was conveyed to Sabu Raijua Bawaslu on February 1, 2021, which confirmed that ‘Mr. Orient Patriot Riwu Kore is holding a US citizenship,’” Yafet said.
Indonesian Citizenship Voids
Yafet added that since Orient Patriot Riwu Kore holds a US citizenship, his Indonesian citizenship is thus void, following Article 23 letter a of Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia—especially in conjunction with Article 31 paragraph (1) letter a of the Government Regulation No. 2 of 2007 on the Procedure for Obtaining, Losing, Nullifying, and Regaining Citizenship of the Republic of Indonesia, which stipulates that “An Indonesian citizen shall lose his/her citizenship if he/she acquires another citizenship of their own accord.”
“In this context, the regent candidate of Candidate Pair No. 2 Orient Patriot Riwu Kore and the election organizer, that is, the Sabu Raijua KPUD, have violated the Petitioners’ constitutional rights and unlawfully taken away the chances of other Indonesian citizens to participate in the government as regent candidates, and have treated other Indonesian citizens unfairly in the context of the 2020 regent-vice regent election of Sabu Raijua,” Yafet said.
Violating Human Rights
Yafet further stated that the Respondent’s confirmation of Kore as a regent candidate in the 2020 regent-vice regent election of Sabu Raijua has also violated the basic rights of Indonesian citizens to elect and be elected democratically, as stipulated in Article 43 of Law No. 39 of 1999 on Human Rights. The article reads, “Every citizen has the right to vote and be voted for in general elections and has equal rights to a direct, free, confidential, honest, and just vote, in accordance with prevailing law.”
The Petitioners also stated that the Respondent’s action has violated several formal requirements for regent-vice regent candidates based on the KPU Regulation No. 1 of 2020 on the Third Amendment to the KPU Regulation No. 3 of 2017 on the Candidacy of Governors and Vice Governors, Regents and Vice Regents, or Mayors and Deputy Mayors, especially Article 4 paragraph (1). Therefore, in their petitum, the Petitioners requested that the Court as a positive legislator make legal breakthroughs in hard cases that are not regulated in the law and have no precedents. They also requested the annulment of the Sabu Raijua KPU Decrees No. 152/HK.03.1-KpV5320/KPU-Kab/IX/2020, No. 153/HK.03.1-KpV5320/KPU-Kab/lX/2020, and No. 342/HK.03.1-KpV5320/KPU-Kab/XII/2020 on the certification of the 2020 Sabu Raijua regent-vice regent candidates. The Petitioners also requested that the Court disqualify Candidate Pair No. 2 Orient Patriot Riwu Kore-M. Thobias Uly, M.Si. from the Sabu Raijua Regency election.
Candidate Pair No. 2 Orient P. Riwu Kore-Thobias Uly earned 21,363 votes, followed by Candidate Pair No. 1 Nikodemus N. Rihi Heke-Yohanis Yly Kale with 13,313 votes, and Candidate Pair No. 3 Takem Irianto Radja Pono-Herman Hegi Radja with 9,557 votes.
The hearing will resume on Monday, March 15, 2021 on 09:00 WIB to hear the Respondent’s response as well as statements by the Relevant Party and Bawaslu.
Writer: Fuad Subhan
Editor: Lulu Anjarsari
Uploader: Fuad Subhan
Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto
Translation uploaded on 3/8/2021 16:43 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.
Monday, March 08, 2021 | 12:11 WIB 724