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Adhitya Anugrah Nasution as the attorney of Candidate Pair Nikodemus N. Rihi Heke and Yuhanis Ulu Kale explained the Petitioner’s claim in the hearing for Regent Election Results Dispute of Sabu Raijua Regency on Monday (08/03) in the Constitutional Court courtroom. Photo by PR/Teguh.

Monday, March 8, 2021 | 12:43 WIB

JAKARTA, PUBLIC RELATIONS OF THE CONSTITUTIONAL COURT – Constitutional Court held the preliminary hearing for case Number 133/PHP.BUP-XIX/2021 filed by Candidate Pair Nikodemus N. Rihi Heke and Yuhanis Ulu Kale concerning 2020 Regional Head Election Results Dispute of Sabu Raijua Regency on Monday morning (8/3/2021). The Panel III hearing was chaired by Justice Saldi Isra accompanied by Justices Suhartoyo and Enny Nurbaningsih. 

Adhitya Anugrah Nasution as the attorney of Candidate Pair Number 1 as Petitioner plead to annul the Decree of the General Elections Commission of Sabu Raijua Regency Number 25/HK.03.1-Kpt/5320/KPU-Kab/I/2020 concerning the Certification of 2020 Regent and Vice Regent of Sabu Raijua Regency dated on December 16, 2020.  

Bawaslu Finding(s)

Nasution admitted that the a quo case had passed the submission deadline based on the Article 157 Paragraph (5) of the Law 10/2016. However, according to the finding of the Elections Supervisory Committee (Bawaslu) of Sabu Raijua Regency, the elected Regent named Orient Patriot Rewu Kore was a US citizen. Therefore, they brought this matter to the Court in search for justice.

“Bawaslu of Sabu Raijua Regency found the fact that the elected Regent was a citizen of the United States which was totally unaccepted by the people and if this matter was ignored then it would be a bad precedent in the democracy system of Indonesia, hence, this country through the Constitutional Court should rule for the sake of law certainty,” he said in the hearing held in the plenary courtroom and attended online by the parties. 

Furthermore, he said that Petitioner was strongly objected the decree of KPU (Respondent) due to the fact that based on the finding of Bawaslu, the elected candidate did not meet the qualifications to be a Candidate Pair. They believed that the decree was against the Article 10 Paragraph (1) of the Law 30/2014 concerning the Government Administration.

“Petitioner suspected that there was carelessness yet the Respondent still validated their decree,” he said. 

On the legal fact, Petitioner plead the Court to declare the incompetency of Candidate Pair Number 2 as a Candidate Pair for Regent and Vice Regent of Sabu Raijua Regency as they had violated the decree of KPU Number 1 Year 2020 Article 1 Point 18 as well as the Petitioner as the elected Regent and Vice Regent of Sabu Raijua Regency and/or at least command KPU for an election redo in the regency.

Before ending the hearing, Justice Saldi Isra mentioned that the next hearing would be on Monday (15/03/2021) at 09.00 WIB with the hearing of the Respondent’s Answer as well as the Explanation of Relevant Party and Bawaslu.

Writer: Sri Pujianti.

Editor: Nur R.

Uploader: Rudi

Translator: WA (IA)

Managing Editor: BW

Translation uploaded on March 8, 2021 at 16.39 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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