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Pither Ponda Barani as the Petitioner's attorney after attending Yalimo Regent Election Result Dispute hearing, on Wednesday (02/06) in the Court Room of the Constitutional Court. Photo: PR/Ifa.

JAKARTA, PUBLIC RELATIONS – The Constitutional Court (MK) held the third hearing on Yalimo Regent Election Results on Wednesday (2/6/2021). The case No. 145/PHP.BUP-XIX/2021 was filed by the Candidate Pair No. 2 Lakius Peyon and Nahum Mabel. Pither Ponda Barani as the Petitioner's attorney filed for the annulment of Yalimo General Election Commision (KPU) Decision No. 117/PL.01.8-Kpt/9122/KPU-Kab/V/2021 regarding the Determination of the Post-Constitutional Court Decision Vote Count Result Recapitulation No. 97/PHP.BUP-XIX/2021 on Yalimo Regent Election.

Pither revealed that the re-voting had been carried out on May 5, 2021 in 61 villages with 76 polling stations in Welarek District. Then, on May 7—9, 2021, Yalimo KPU held a recapitulation at the district level and closed with the District Election Committee (PPD) Plenary Meeting. At that time, the calculation was based on the C-Hologram Results from 48 hamlets at 60 Polling Stations (TPSs), while 13 hamlets consisted of 6 other TPSs, the recapitulation was based on Welarek Election Supervisory Committee (Panwas) Recommendation No. 01/Rekom/Pandis-Wel/V/2021 dated May 9, 2021 because the C-Hologram Results were carried away by the campaign team of Candidate Pair No. 1 (Erbi Dabi and John W. Wilil).

In addition, Pither believed that during the plenary meeting of the vote count result recapitulation in Welarek District, there was a change made by Welarek District Election Committee. This unilateral change was made after PPD Welarek's presentation regarding the recapitulation in the district. Yalimo KPU immediately dismissed and expelled all of PPD members witnessed by the Petitioner's Witnesses. Then, they made changes to the recapitulation results. Consequently, the results of the vote calculation in 13 hamlets at 16 TPSs whose documents were rushed were changed at Yalimo KPU Plenary Meeting.

“The practice of violations and frauds that occurred in this election harmed the Petitioners' vote acquisition massively and significantly because of the violations that occurred, including the Respondent allowed the act of carrying away the C-Result Hologram document so that the document was never received by PPD Welarek. The document was come up during the Yalimo District Plenary Session," Pither said at the hearing chaired by Constitutional Justice Arief Hidayat accompanied by Constitutional Justices Suhartoyo and Enny Nurbaningsih.

Administrative Violation

At the same session, Pither also revealed that there had been an administrative violation by the Candidate Pair No. 1 Erbi Dabi who was drunk driving a vehicle so that he hit and killed a policewoman, a member of Papua Regional Police on September 17, 2020. For this behavior, the Panel of Justice of Jayapura District Court imposed a sentence of four months. However, in the end, the person concerned was transferred to a city prisoner as stated in Decision No. 500/Pid.Sus/2020/PN.Jap. For the violations that occurred, the Petitioner requested a protection from the competent authorities, but Yalimo Election Supervisory Body (Bawaslu) did not take any action on this request.

With this series of events, the Petitioner asked the Court to grant the Petitioner's petition in its entirety, ordering the Respondent to correct the stipulation of the Post-Constitutional Court Decision Vote Count Result Recapitulation No. 97/PHP.BUP-XIX/2021 was limited to a recapitulation in Welarek District with the votes for Candidate Pair No. 1 with 1,068 votes and Candidate Pair No. 2 with 20,742 votes.

Before closing the session, Arief said that the next hearing would be held on Friday, June 4, 2021, at 08.30 WIB with the agenda of listening to the Respondent's answers, information from Bawaslu, and Relevant Party and ratifying the evidence of the parties. (*)

 

Writer: Sri Pujianti
Editor: Lulu Anjarsari P
Translator: SO 

Editor: Indah Apriyanti

Managing Editor: BW

Translation uploaded on 02/06/2021 at 20.50 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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