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The atmosphere of the fourth hearing session of the 2020 Sabu Raijua Regent Election Result Dispute case on Wednesday (7/4/2021) in the Plenary Court Room of the Constitutional Court. Photo: PR/Ifa.

JAKARTA, PUBLIC RELATIONS - The Constitutional Court held the fourth hearing of the 2020 Sabu Raijua Regent Election Result Dispute case on Wednesday (7/4/2021) in the Plenary Court Room. The Court heard three cases at once: No. 133/PHP.BUP-XIX/2021 filed by Candidate Pair No. 1 Nikodemus N. Rihi Heke-Yuhanis Ulu Kale, No. 134/PHP.BUP-XIX/2021 filed by Herman Lawe Hiku, Marthen Radja, and the Civil Alliance for Sabu Raijua’s Democracy (AMPEDO), and No. 135/PHP.BUP-XIX/2021 filed by Candidate Pair No. 3 Taken Irianto Radja Pono-Herman Hegi Rdja Haba.

The Court heard the testimonies of the representative from Ministry of Law and Human Right’s Directorate General of Immigration, the East Nusa Tenggara (NTT) Regional Office, the Class 1 Immigration Office of Kupang, and the Ministry of Home Affairs’ Directorate General of Population and Civil Registry Office, as well as the Consulate General of the Republic of Indonesia (KJRI) in Los Angeles.

The Ministry of Home Affairs’ Directorate General of Population and Civil Registry Office (Dukcapil) Zudan Arif Fakhrulloh explained about the basis of service and administrative system in Indonesia, including those related to population issues Orient Patriot R.K. According to Zudan, the population base in Indonesia is guided by Law No. 23 of 2006 concerning Population Administration. In population administration services, there are services for Indonesian citizens and foreigners as well as reports from the residents concerned or their representatives.

Zudan said there were two types of documents that could be provided, namely a Limited Stay Permit Card (Kitas) or a Permanent Stay Permit Card (Kitap). "For foreigners with Kitap could had an electronic ID (e-KTP), while for foreigners with Kitas could only be given a domicile certificate. And the foreign ID card had a validity period which was based on the validity period of the Kitap owned by the foreigner, " explained Zudan.

Regarding the document issue of Orient, based on the database, Zudan believed it was recorded that in the 1997 Population System was found the name of the person concerned and was registered as an Indonesian citizen residing in North Jakarta. Then in 2011 when Indonesia carried out population data fires, the regional ID Number (NIK) was replaced with a nationally valid NIK so that Orient had an initial code numbered 31, which means the area code of DKI Jakarta Province.

Hereinafter, in 2018 Orient made an e-KTP as an Indonesian citizen. Then, in 2019 he proposed to move his e-KTP from the North Jakarta area to South Jakarta and in 2020 moved back to Kupang and took the Kupang e-KTP.

"So, as long as Orient did not report his application for relinquishment of citizenship to the General Law Administration office, then Dukcapil will not had a database and could not cross out his status from the Indonesian citizen database," said Zudan.

Thus, continued Zudan, normatively when a person did not report a change in his citizenship status to the relevant agency, then his right as an Indonesian citizen to obtain an ID card and passport might not be disturbed. "Because we did not have data that could be inputted regarding the occurrence of new legal events including the relinquishment of citizenship," said Zudan.

Meanwhile, related to the finding of differences in the NIK code on the Orient who hold a Kupang ID but with the DKI Jakarta area code, was explained valid for life in accordance with the area code the NIK code was made. So that when someone move to an area, their NIK is fixed and what changes is only the family card (KK) number.

"So if the KK showed the identity of the head of the family, while the NIK was owned by each resident," said Zudan in a Special Panel Session led by Chief Justice of the Constitutional Court Anwar Usman accompanied by eight other Constitutional Justices.

Moving Certificate

On the same occasion, Head of Kupang City Dukcapil Agus Ririmasse explained that on August 3, 2020, Orient came to Kupang population office to apply for the issuance of Kupang e-KTP by attaching a of Indonesian Citizens Moving Certificate (SKPWNI). His party ensured that the documents brought were properly issued by the South Jakarta Population.

"[Kupang Dukcapil] issued the family card (KK) concerned and it was true that the person moved as a separate family head and did not join the KK of other family members. It issued and completed in 2 minutes as long as the SKPWNI was clear from the area of his origin, DKI Jakarta," explained Agus.

At the preliminary hearing, the Petitioner asked the Court to annul the Decree of Sabu Raijua General Election Commission (KPU) No. 25/HK.03.1-Kpt/5320/ KPU-Kab/I/2020 concerning the Determination of the Elected Candidate Pair of Sabu Raijua Regent Election dated January 23, 2020. According to the Petitioner, the decision was not born automatically because there had been a process and stages that had been passed previously. Based on the letter from the Consul General of the United States Embassy in Indonesia dated February 1, 2021, it was stated that Orient Patriot R.K. be of the United States of America citizenship. The letter was a response to Sabu Raijua Election Supervisory Body (Bawaslu) letter No. 136/K.Bawaslu-SR/HK.00.021/IX/2020. Thus, formally fulfilling the requirements which the Regent candidate was legally flawed.

 

Writer: Sri Pujianti.
Uploader: Nur R

Translator: SO
Editor: R.A. Indah Apriyanti
Managing Editor: Budi Wijayanto

Translation uploaded on 04/11/2021 12.09 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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