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Thursday, March 18, 2021 | 13:54 WIB

Chief Justice Anwar Usman alongside the other eight constitutional justices at the ruling hearing of the West Pesisir regent election dispute, Thursday afternoon (18/3/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Teguh.

JAKARTA, Public Relations—The Constitutional Court (MK) held two ruling hearings for 10 regional election (pilkada) results dispute cases of 2020 on Thursday, March 18, 2021. One of the ruling passed in the morning session was Decision No. 39/PHP.BUP-XIX/2021 for the 2020 West Pesisir regent election, filed by Candidate Pair No. 2 Aria Lukita Budiwan-Erlina. The Court rendered the petition inadmissible.

“[The Court] declares the Petitioner’s petition inadmissible,” said plenary chair Chief Justice Anwar Usman reading out the ruling alongside the other eight constitutional justices in the plenary courtroom, in a virtual hearing. 

Also read: Money Politics in Central Lampung and West Pesisir Regency Elections 

In relation to the Petitioner’s legal standing pursuant to Article 158 of the Pilkada Law, the Court observed that the vote margin between the Petitioner and the candidate pair with the most votes shouldn’t exceed 2% of the 88,968 total valid votes, or 1,779 votes. The Petitioner earned 35,353 while the candidate pair with the most votes (Relevant Party) earned 41,234, resulting in a margin of 5,881 votes (6.61%)—far above the vote margin threshold. Therefore, the Court ruled that the Petitioner didn’t have legal standing in the case.

In their petition, Aria-Erlina alleged many violations in the regency’s 2020 election, including vote buying or “money politics,” intimidation, phantom voters, and vote inflation. The Court stated that reports of alleged vote buying by Candidate Pair No. 3 Agus Istiqlal-A. Zulqoini Syarif (Relevant Party) had been settled by the regency’s Bawaslu (Elections Supervisory Body). Moreover, from the Petitioner’s elaboration and their witnesses’ testimonies, the Court didn’t find any convincing evidence of the allegation.

“Based on the above legal consideration, the Petitioner’s argument of ‘money politics’ was legally groundless,” said Deputy Chief Justice Aswanto reading out the Court’s opinion.

Also read:

Central Lampung KPU: Nessy-Imam's Posita and Petitum Not Matching 

Aria-Erlina’s Witnesses Reveal Vote Buying in West Pesisir Election 

Meanwhile, in response to the Petitioner’s allegation of intimidation by Candidate Pair No. 3, the regency’s Bawaslu had received information about intimidation against community members who received social aid. They had investigated the matter and discussed it in a meeting with the regency’s Gakkumdu (Integrated Law Enforcement). They couldn’t find substantial evidence and didn’t forward the report as a finding.

Next, the Court responded to the Petitioner’s allegation that the number of ballots sent to the polling stations (TPS) didn’t match the number of final voters in the DPT (final voters list) plus 2.5% additional ballots. The Court believe the Petitioner couldn’t show convincing evidence to support the allegation, thus ruled it legally groundless. The Petitioner also couldn’t prove phantom voter by the name of Devi Handayani at TPS 05 of Kampung Baru Hamlet, Kota Jawa Pekon.

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

Translator: Yuniar Widiastuti
Editor: NL
Managing Editor: Budi Wijayanto

Translation uploaded on 3/18/2021 20:08 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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