The Respondent's Attorney Rolly Muliazi Adenan read the Respondent's answer in Banjarmasin Mayor Election Result Dispute hearing on Friday (21/5) in the Plenary Court Room of the Constitutional Court. Photo: PR/Teguh.
JAKARTA, PUBLIC RELATIONS - The Constitutional Court (MK) held the second hearing of Banjarmasin Mayor Election Result Dispute on Friday (21/5/2021). The Petition was filed by Candidate Pair No. 4 Ananda and Mushaffa Zakir (Ananda-Mushaffa), case No. 144/PHP.KOT-XIX/2021. The hearing was held by a Panel of Justices led by Deputy Chief Justice of the Constitutional Court Aswanto, accompanied by Constitutional Justices Enny Nurbaningsih and Daniel Yusmic P. Foekh.
In the hearing with the agenda of proving the Petition, Banjarmasin General Election Commission (KPU) responded to the arguments of Ananda-Mushaffa. Rrepresented by attorney Rolly Muliazi Adenan, KPU responded to the argument regarding 33 Polling Station Working Committee (KPPS) members in Mantuil Village with junior high school level education or below during the Re-Voting (PSU) in three sub-districts in Banjarmasin City.
Rolly emphasized that the Petitioner should paid close attention to KPU Decree No. 476/PP.04.2-Kpt/01/KPU/X/2020 concerning the Second Amendment to KPU Decision No. 66/PP.06.4-Kpt/03/KPU/II/2020 concerning the Guidelines of Technical Formation for Sub-district Election Committees, Voting Committees, Voters Data Updating Officers, and Voting Organizing Groups in the Election of Regional Head. In the decree it was written "if in the formation of Polling Committee (PPS) and KPPS, the minimum requirements for high school or equivalent cannot be fulfilled, then the composition of PPS and KPPS members can be filled by people who have the ability to read, write and count as evidenced by a statement letter as fulfilling these requirements."
KPU also responded to the Petitioner's accusation stating that they did not carry out the socialization program on PSU. "The PSU socialization had been held three times in each sub-districts, as evidenced by reports of socialization activities in each sub-districts," said Rolly.
The Fallacious Allegation
Hereinafter, the Respondent denied the Petitioner's accusation stating that the Respondent did not distribute the C6 form to voters, as an invitation to notify the PSU. According to the Respondent, it was a very wrong accusation. KPU explained that he had distributed the C6 form to each Polling Station (TPS) before the PSU was implemented. If the C6 form was not distributed, it was impossible for the PSU participation rate increased and instead the Candidate Pair No. 4 was won.
In addition, the Respondent questioned the revision of the 18-pages Petition which was filled to the Court on Thursday, May 6, 2021. However, the revision of the petition was only signed by three of the Petitioner' attorneys from a total eight attorneys. According to the Respondent, after the revision, there was no more opportunity to improve the petition, in accordance with the Court Regulation No. 6 of 2020. In fact, according to the Respondent, at the preliminary hearing, the Petitioner made a summary of Banjarmasin Mayor Election Result Dispute containing allegations, which were completely not contained in the amended petition.
The Respondent also explained that the implementation of the PSU after the Court decision. In principle, it took place according to the schedule, program and stages of the PSU in accordance with Banjarmasin KPU Decision. The Respondent carried out its obligations to treat candidates for the election fairly and equally. Based on this, it was not true that there were allegations that the Respondent was considered un-neutral and siding with one of the candidate pair.
“The accusations of neutrality and abuse of authority that were viciously accused KPPS members seemed lead to some residents who experience limitations, such as the elderly, sick people, disabled people who were unable to come to the TPS and channeled their voting rights. In fact, residents who were visited by KPPS members, witnesses and TPS supervisors carrying ballot papers and ballot boxes were residents who were sick. This was in accordance with the mandate of Article 83 of KPU Regulation No. 18 of 2020 concerning Amendments to the KPU Regulations which stated, for voters who are sick at home, KPPS can serve their voting rights by visiting these voters with the approval of the witnesses and TPS supervisors," explained Rolly.
Regarding the Petitioner's accusation by reappointing KPPS officers on the PSU in three sub-sub-districts on April 28, 2021, the Respondent considered this to be completely made up. Because the names suspected by the Petitioner had never been the chairman or member of the KPPS during Banjarmasin City Election on December 9, 2020.
Moreover, the Respondent considered the Petitioner had mistakenly added up the total valid votes from the PSU. In addition, the Petitioners' posita was not supported by strong evidences. Also, the Respondent denied the Petitioner's argument that the PSU was filled with many violations, fraud, massive money politics practices, including the Respondent's siding with certain candidate pair as groundless and not based on facts.
The Clarification of Ibnu Sina-Arifin Noor
On the same session, the Court also heard the testimony of the Relevant Party (Candidate Pair No. 2 as incumbents). Ibnu Sina-Arifin Noor represented by attorney Heru Widodo stated that the massive violations that occurred during the regional elections were actually committed by the Petitioner. For example, by distributed rice boxes affixed with stickers of the Petitioner as Candidate Pair, as the Respondent had reported to Election Supervisory Bod (Bawaslu). This included distributing brochures, pamphlets, and photos to voters in order to elect Candidate Pair No. 4.
"Until now there had no Bawaslu’ decision which stated that the Relevant Party had committed violations during the elections," emphasized Heru.
The Relevant Party also denied distributing Cash Social Assistance (BST) to voters on the day of the PSU implementation. In fact, the number of BST recipients from the three sub-districts was only 56 households.
"The BST granting had nothing to do with the Relevant Party who since February 18, 2021 had no longer served as Mayor and Deputy Mayor of Banjarmasin. The BST was also not given on the day of PSU, but was carried out on April 13-15, 2021,” said Heru who also revealed that the Petitioner had no legal standing because it did not meet the threshold requirements.
Meanwhile, Banjarmasin Bawaslu represented by Munawar Halil and Subhani as members explained the results of the supervision of the Petitioner's argument which stated that violations had been committed by the Relevant Party. According to Bawaslu's preliminary study, the Petitioner's argument had passed its deadline. In accordance with the Bawaslu Regulation, violation reports were no later than April 28, 2020. Then, related to the Petitioner's argument regarding the non-neutrality and abuse of authority of the election administrators, Bawaslu confirmed that this was in the process to follow up.
Bawaslu also explained the similarity in the names of KPPS officers during the 2020 Banjarmasin elections with the PSU in three sub-districts on April 28, 2021. This had been reported by KPU and has been followed up.
Writer: Nano Tresna Arfana
Editor: Nur R
Translator: SO
Editor: NL
Managing editor: BW
Translation uploaded on 05/24/2021 14.11 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, May 21, 2021 | 14:46 WIB 359