Justice Suhartoyo accompanied by other Justices read out the legal consideration in the ruling hearing for case Number 84/PHP.BUP-XIX/2021 concerning the Regional Head Elections Results Dispute for Nabire Regency held virtually from the plenary courtroom on Friday (19/3). Photo by Public Relations/Teguh.
Friday, March 19, 2021 | 20:27 WIB
AKARTA, PUBLIC RELATIONS—Constitutional Court held the ruling hearing for case Number 84/PHP.BUP-XIX/2021 concerning 2020 Regional Head Elections Results Dispute for Nabire Regency filed by Candidate Pair Fransiscus Xaverius Mote and Tabroni bin M. Cahya held virtually from the plenary courtroom on Friday (19/3). The Court in the Decision stated that the petition granted and commanded General Elections Commission (KPU) of Nabire Regency to conduct an election redo based on the revised Final Voters List (DPT) and that the election redo done using the direct voting system.
“Commanding the General Elections Commission of Nabire Regency to conduct an election redo for Regent and Vice Regent of Nabire Regency with the basis of the revised Final Voters List according to the law and using the direct voting system. The upcoming voting results should be declared by the Respondent and announced as regulated by the law, without the necessity to report to the Court,” said the Chief Justice Anwar Usman as the Plenary Chairman accompanied by other justices in the ruling hearing held virtually from the plenary courtroom on Friday (19/3).
The Court considered that the validity of DPT arranged by KPU (Respondent) was not acceptable due to the troublesome population data of Nabire Regency. Based on DAK2 Semester I Year 2020 the number of population was 172.190 lives, while DPT arranged by KPU stated the population was 178.545 lives. This caused the voters rose up to 103% of the actual number of population in Nabire Regency. The Court also stated that the number was illogical and difficult to comprehend, especially when linked to the number in DP4 submitted to KPU which consisted of 115.141 voters. The Court also concluded that the election was based on invalid DPT, hence, it was an invalid election process.
“The matter caused the voting results declared by Respondent should be decreed as void,” state Justice Suhartoyo.
Therefore, the Court commanded KPU of Nabire Regency to conduct an election redo starting with revising the DPT as regulated by the law and referring to the DP4 published by the Ministry of Home Affairs cq. Directorate General of Population and Civil Registration.
Aside of DPT, the Court also explained about another crucial matter in the election which was the problem related to the electoral procedure in some area in the regency using noken system or agreement. Based on PKPU Number 810/PL.02.6-Kpt/06/KPU/IV/2019 concerning the Guidelines for Voting Process using Noken/Ikat System in Papua Province in the 2019 General Election dated on April 5, 2019, stating that the voting process using noken/ikat system could only be conducted in 12 regencies, namely Yahukimo, Jayawijaya, Nduga, Mamberamo Tengah, Lanny Jaya, Tolikara, Puncak Jaya, Puncak, Paniai, Intan Jaya, Deiyai, and Dogiyai.
In the PKPU, Nabire Regency was not included as the regency where the voting process could be done using noken/ikat system or agreement, especially in 2020 Simultaneous Election where the system could only be used Yahukumo Regency with the exception of Dekai District based on the Decree of Papua Province KPU Number 98/PL.02.6-Kpt/91/ Prov/XI/2020 concerning the Guidelines for Voting Process using Noken/Ikat System in Papua Province in the 2020 Regent and Vice Regent Election dated on November 26, 2020. Suffice to say, the Committee should pay attention closely to the regulation in carrying out the election process to make sure that no law was violated in the process.
“Therefore, the Court in the decision of a quo case commanded that the election redo in Nabire Regency should be conducted directly,” said Justice Suhartoyo.
Writer: Siti Rosmalina Nurhayati
Editor: Nur R.
Uploader: Nur Budiman
Translator: WA
Editor (EN): NL
Managing Editor: BW
Translation uploaded on March 20, 2021 at 18:14 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
Friday, March 19, 2021 | 20:27 WIB 492