Saturday, May 29, 2021 | 18:21 WIB
The Petitioner’s expert Usman Hamid testifying virtually at the South Labuhanbatu regent election results dispute hearing, Friday (28/5/2021). Photo by Humas MK/Ifa.
JAKARTA, Public Relations—The evidentiary hearing for the South Labuhanbatu regent election results dispute was held by the Constitutional Court (MK) on Friday, May 28, 2021. The third hearing for case No. 142/PHP.BUP-XIX/2021 was filed by Candidate Pair No. 3 Hasnah Harahap-Kholil Jufri Harahap (Hasnah-Kholil). They challenge the results of a revote (PSU) at 16 polling stations (TPSs), which was ordered by the Court in the Decision No. 37/PHP.BUP-XIX/2021.
The Petitioner presented Usman Hamid as an expert. Virtually, Usman supported the Court’s legal considerations in the Decision No. 011-017/PUU-I/2003, passed in February 24 2004, that the citizens’ constitutional rights to vote is guaranteed by the Constitution, the law, and international conventions.
“As such, any restriction, violation, negation, and elimination of said rights constitutes a violation of the human rights of citizens,” he said before Constitutional Justices Suhartoyo (panel chair), Saldi Isra, and Enny Nurbaningsih.
He added that Article 28E paragraph (1) of the 1945 Constitution stipulates that any election—including regent elections—must be direct, public, free, confidential, honest, fair. A regent election must promote and protect human rights because it concerns the people’s sovereignty to vote free from pressure, intimidation, and discrimination.
Witness Testimonies
The Petitioner also presented witnesses at the hearing. Rahmat Salim Habibi from Kampung Rakyat Subdistrict said he was appointed as a witness in Torganda Village by the Petitioner because nobody else had wanted to. He said that during the revote in Torganda Village he argued with one of the members of another candidate pair’s campaign team who questioned his capacity as a witness, especially after he turned away one of that team’s members and warned them for going in the vote counting area without permission from the committee.
The second witness, Novita, testified that members of the Pemuda Pancasila mass organization intimidated people who tried to come to the TPSs in Torganda Village, including herself. She alleged that their goal was to make them vote for the Candidate Pair No. 2 (Relevant Party).
Next, Hengky Siahaan, chairman of TPS 008 of Torganda Village, said that his TPS was opened for the revote at 07:00 a.m. and was closed at 03:00 p.m. for vote counting. He said that not all candidate pair sent their witnesses to observe the vote counting and that 30 military and police officers had secured the TPS.
Revote Went Without Issue
Candidate pair No. 2 Edimin-Ahmad Fadli Tanjung (Relevant Party) presented witness Nurahman Hutagalung, head of Torganda Village. Hutagalung explained that on April 24, 2021 he accompanied several South Labuhanbatu Regency officials at TPS 11, TPS 12, and TPS 13 of Torganda Village to observe the revote. He didn’t find any issue during the observation. He also explained that the revote was secure and that there were no intimidation and conflict. He stressed that the local community around the plantation didn’t complain about intimidation or pressure to vote for the Relevant Party.
Tigor Manurung, another witness, rejected any allegation of intimidation to vote for the Relevant Party. He stressed that the revote went smoothly and that the local KPU (General Elections Commission) had carried out their duty well.
The Relevant Party also presented Mirza Nasution as an expert. Nasution said that the pilkada (regional head election) is part of constitutional democracy and reflects the people’s sovereignty that follows the Constitution. Therefore, the implementation of the pilkada must be based on the Constitution.
Also read:
MK Holds the Preliminary Session of Regent Election Dispute of Labuhanbatu, South Labuhanbatu, and Asahan
General Election Commission (KPU) of Labuhanbatu and South Labuhanbatu Response in MK Court Hearing
South Labuhanbatu: Intimidation, Problematic DPT, to Vote Buying
Court Orders South Labuhanbatu KPU to Hold a Revote at 16 Polling Stations
Hasnah-Kholil Question South Labuhanbatu Regency Revote Results
South Labuhanbatu KPU Responds to Dispute over Revote Results
At the previous hearing, Candidate Pair No. 2 Edimin-Ahmad Fadli Tanjung (Relevant Party) rejected the Petitioner’s allegation of organized, significant influences outside the official organizers of the election that had affected the revote on the premises of PT Torganda’s oil palm plantation. They also refuted the Petitioner’s allegation of a video that shows the Relevant Party campaigning among the community around the plantation in order to win all the votes at PT Torganda. They also denied having a connection with the owner of the company. They claimed the allegation that company leadership and staff members’ presence during the revote was a move to direct voters to vote for the Relevant Party was groundless.
Writer : Nano Tresna Arfana
Editor : Nur R.
Translator : Yuniar Widiastuti
Editor : R. A. Indah Apriyanti
Translation uploaded on 5/31/2021 10:18 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.
Saturday, May 29, 2021 | 18:21 WIB 319