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Constitutional Court held the ruling hearing on the 2020 Regional Head Election Results Dispute on Sabu Raijua Regency virtually on Thursday (15/04) in the plenary courtroom. Photo by PR/Ifa. 

Friday, April 16, 2021 | 02:19 WIB

JAKARTA, PUBLIC RELATIONS - Constitutional Court held the ruling hearing of the 2020 Regional Head Election Results Dispute concerning the Regent of Sabu Raijua, Nusa Tenggara Timur Province. There were 3 (three) rulings concerning the Regent of Sabu Raijua read in the virtual hearing on Thursday afternoon (15/4/2021) from the plenary courtroom.

First ruling was the Decision Number 135/PHP.BUP-XIX/2021 for the petition filed by Candidate Pair Number 3 (Taken Irianto Radja Pono-Herman Hegi Radja Haba). In the decision, the Court disqualified the Candidate Pair Number 2 (Orient Patriot Riwu Kore-Thobias Uly) in their candidacy to run in the 2020 Regent and Vice Regent Election of Sabu Raijua as well as commanded the General Elections Commission (KPU) as Respondent to conduct a voting redo involving only Candidate Pair Number 1 (Nikodemus N. Rihi Heke-Yohanis Uly Kale) and Candidate Pair Number 3 (Taken Irianto Radja Pono-Herman Hegi Radja Haba).

Second ruling was the Decision Number 133/PHP.BUP-XIX/2021 filed by Candidate Pair Number 1 (Nikodemus N. Rihi Heke-Yohanis Uly Kale). Similar to the first ruling, the Court declared that a voting redo should be conducted and it should be based on the terms and conditions as explained in the Decision Number 135/PHP.BUP-XIX/2021. 

Third and final ruling was the Decision Number 134/PHP.BUP-XIX/2021 filed by Herman Lawe Hiku and Marthen Radja as well as a social group called AMAPEDO or Aliansi Masyarakat Peduli Demokrasi Sabu Raijua. The Court in the decision declared that the petition was unacceptable. 

“Declaring that the petition filed by Petitioner was unacceptable,” said the Chief Justice Anwar Usman as the Plenary Chief accompanied by other Justices. 

Not a Candidate Pair

In the legal consideration read by Justice Enny Nurbaningsih, the Court highlighted the legal standing of the Petitioner namely Herman Lawe Hiku, Marthen Radja, and AMAPEDO which in fact, they were neither a Candidate Pair nor an Observing Body in the 2020 Regent and Vice Regent Election of Sabu Raijua. 

Therefore, the Court opined that they were not qualified to file a petition in the 2020 Regional Head Election Results Dispute as they did not meet the requirement mentioned in the Article 157 Paragraph (4) of the Law 10/2016 and Article 4 Paragraph (1) of the PMK 6/2020 as one of Candidate Pairs. That being said, they did not fulfill one of the mandatory requirements as a petitioner with the legal standing.

“Therefore, the Court opined that the Petitioner did not have the legal standing to be able to file the a quo petition. That being said, the exceptions of Respondent and Relevant Party in regards to the legal standing of the Petitioner were legally grounded,” said Justice Enny Nurbaningsih.  

Previously, Petitioner claimed that the Candidate Pair Number 2 named Orient Patriot Riwu Kore held the US citizenship which was formally affirmed by the US Embassy in Jakarta on February 1, 2021. Petitioner explained that the matter had actually been known by the Election Supervisory Body (Bawaslu) of Sabu Raijua which later be the basis of why Bawaslu sent letter to the KPU of Sabu Raijua (Respondent) on September 5th, 2020 to be careful in ensuring the validity of his citizenship. However, Respondent failed to do so hence admitting Orient to pass the qualification to be candidate and certified him as the elected candidate.

Writer  Fuad Subhan
Editor: Nur R.

Translator: WA
Editor (EN) : NL
Managing Editor: BW

Translation uploaded on April 16, 2021 at 21:18 WIB

 

 

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