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Constitutional Justice Suhartoyo read out legal considerations accompanied by other Constitutional Justices at the ruling hearing of Samosir Regent Election Results Dispute case No. 100/PHP.BUP-XIX/2021 which was held online from the Plenary Court Room, Thursday (18/3). Photo: PR/Ilham.

JAKARTA, PUBLIC RELATIONS - The 2020 Samosir Regent Election Result Dispute finalized at the Constitutional Court (MK). In the ruling hearing of Decision No. 100/PHP.BUP-XIX/2021, MK stated that they could not accept the petition filed by Candidate Pair No. 3 Rapidin Simbolon and Juang Sinaga.

“The [Court] adjudicated, declares the Petitioner objection had no legal standing. In the petition’s pleading, the Court states that the Petitioners' petition is unacceptable,” said the Chief Justice Anwar Usman accompanied by other Constitutional Justices in an online hearing from the Plenary Court Room of the Constitutional Court, Thursday (18/3/2021).

The Court considered the Petitioner's legal standing in relation to the application of Article 158 Paragraph 2 of Law No. 10/2016 (Regional Election Law). The Court stated that the difference in the vote acquisition between the Petitioner and the winner (Relevant Party) was 2% x 78,638 votes (total valid votes), namely 1,573 votes. Thus, the maximum difference in being able to file a petition to the Constitutional Court is 1,573 votes.

Meanwhile, the Petitioner obtained 30,238 votes, while the Relevant Party acquired 41,806 votes, hence the difference was 11. 568 votes or 14.7% (41,806 votes minus 30,238 votes). While the total 11,568 votes exceeded 1,573 votes, the Petitioner did not meet the threshold requirements.

The Court opined that even though the Petitioner was a candidate pair for Samosir Regent Election, they did not fulfil the requirements for filing the petition as referred in Article 158 Paragraph 2 Letter A of Law 10/2016. Therefore, according to the Court, the Petitioner did not have the legal standing to file the a quo case.

"Thus, the Respondent's and Relevant Party' exception that the Petitioner has no legal standing is legally grounded," said Constitutional Justice Suhartoyo who read out the legal considerations.

Petitioner’ Objections

The Court considered the Petitioner's argument related to money politics of Rp. 900,000 to Rp. 1 million in order to elect Candidate Pair No. 2 Vandiko Timotius Gultom and Martua Sitanggang (Relevant Party) and the distribution of 60,000 rice sacks, 60,000 parcels, and masks in their campaign. The Petitioner was unable to show sufficient evidence even through the video shown in the session. Regarding this, the Court did not clearly see whether the Relevant Party was distributed money or goods.

Moreover, the validity of the diploma of Martua Sitanggang (Relevant Party) has been found different in the name on the certificate and e-KTP. However, according to the Court, the Respondent had clarified the results of which were stated in the Joint Minutes of Samosir General Election Committee (KPU) and Senior High School 1 Jambi.

 

Writer: Nano Tresna Arfana

Editor: Nur R.

Uploader: Nur Budiman

Translator: SO

Editor: R.A. Indah Apriyanti

Managing Editor: BW

Translation uploaded on 03/19/2021 at 11.58 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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