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Friday, March 19, 2021 | 18:49 WIB

Constitutional Justice Wahiduddin Adams reading out the Court’s legal considerations at the ruling hearing of South Konawe regent election dispute, Friday (19/3/2021) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ifa. 

JAKARTA, Public Relations—The Constitutional Court (MK) rejected the petition by South Konawe regent candidate pair No. 3 Muh. Endang-Wahyu Ade Pratama Irman in the 2020 South Konawe regent election dispute case No. 34/PHP.BUP-XIX/2021.

“[The Court] adjudicates, rejects the Respondent’s and Relevant Party’s objections in their entirety. [The Court] rejects the Petitioner’s petition in its entirety,” said Justice Anwar alongside the other eight constitutional justices at a virtual ruling hearing on Friday, March 19, 2021.

Constitutional Justice Wahiduddin Adams conveyed the Court’s legal considerations regarding the allegation that almost polling stations (TPS) in Laonti Subdistrict counted the votes at 11:00 WITA. This claim was supported by the witnesses at 6 polling stations that counted the votes early due to prior knowledge of voter turnout. With the knowledge, the polling station working committee (KPPS) and all witnesses agreed on an early vote count.

“The early vote counting before 13:00 WITA at 6 TPS was proven convincingly to be a violation of the TPS vote counting procedure, which warrants a revote pursuant to Article 112 paragraph (2) letter a of Law No. 1 of 2015. However, the case at 6 TPS didn’t meet the criteria [for a revote] or didn’t influence the final vote acquisition of the elect candidate pair,” Justice Wahiduddin said.

Also read: Konawe Islands' Petition Withdrawn, Violations in Kotabaru and South Konawe Elections Questioned

Settled by Bawaslu

The Petitioner previously alleged that Candidate Pair No. 2 Surunuddin Dangga-Rasyid (Relevant Party) had given politically-motivated reward to the People’s Conscience Party (Hanura), which had been reported but wasn’t followed up by the South Konawe Regency Elections Supervisory Body (Bawaslu). After comparing the writing evidence provided by the litigants, Justice Wahiduddin said, it was clear that the issue had been settled by Bawaslu.

“Based on the consideration, the Petitioner’s request of the annulment of [the election of] Candidate Pair No. 2 based on Article 47 paragraph (5) of Law No. 8 of 2015 was legally groundless,” he added.

Justice Wahiduddin also said that the hearings revealed that the Petitioner didn’t report alleged efforts by subdistrict and village heads for the Relevant Party’s election and that Bawaslu didn’t find such efforts had taken place. “In addition, there was no clear causal relation between the incident and the vote acquisition of the candidate pairs. Therefore, the Court believes there is no reason for the Court to consider the allegation further,” he said.

Also read: KPU Denies Petitions of South Konawe and Konawe Islands

ASN Partiality

The Petitioner also alleged that village heads throughout the regency had met with the central executive board (DPP) chair of the National Democratic Party (Nasdem) to discuss the Relevant Party’s campaign. After examining evidence, the Court found the meeting in question was an invitation by the Indonesian Association of Village Administrations (APDESI) of South Konawe, attended by the Relevant Party’s campaign team chair as the head of the regency’s Regional Legislative Council (DPRD), to discuss the scarcity of subsidized fertilizers.

“The South Konawe Regency Bawaslu also didn’t find any campaign[-related] speech or image-building to support the Relevant Party. Bawaslu’s statement confirmed the statements of the Relevant Party’s witnesses,” Justice Wahiduddin said.

Andolo district court ruled that the head of Palangga Village, the head of Lainea Subdistrict people's welfare section head, and the head of the South Konawe Regency’s Population Control and Family Planning Office—all are ASN (state civil apparatuses)—had committed acts that benefitted one of the candidate pairs. However, the Court didn’t find any more evidence that those acts were directed by the Relevant Party. “The involvement of the subdistrict head, village head, and ASN, as the Petitioner alleged, in favor of the Relevant Party was legally groundless,” Justice Wahiduddin read.

The Petitioner also alleged that the Relevant Party had led a smear campaign through flyers containing slander against them. The Court, however, found that the Petitioner’s report to Bawaslu wasn’t registered for not detailing the time and witnesses in the report, hence not meeting the material requirements.

Also read: Polling Stations Closed Early in South Konawe Regent Election

In the preliminary hearing, Candidate Pair Muh. Endang-Wahyu Ade Pratama Irman alleged vote buying or “money politics” by Candidate Pair No. 2 Surunuddin Dangga-Rasyid (Relevant Party) as incumbents by distributing Rp100,000 to potential voters through their campaign team. The Relevant Party also allegedly mobilized the regency’s subdistrict heads and ASN by issuing a regent regulation regarding the details and distribution procedure of village funds, which were distributed a day before voting. The Petitioner also alleged that the incumbents had distributed social assistance to influence voters. In addition, the South Konawe General Elections Commission (KPU) committed a violation by printing masks that displayed the incumbents’ tagline, which it distributed to its members. It had also allegedly ceased voting before all voters finished voting. 

Writer: Fuad Subhan
Editor: Lulu Anjarsari P.
Uploader: Nur Budiman

Translator: Yuniar Widiastuti
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 3/20/2021 15:37 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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