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Chief Justice Anwar Usman reading out the verdict of the South Labuhanbatu regent election dispute, Thursday (3/6/2021). Photo by Humas MK/Hendy.

Thursday, June 3, 2021 | 16:30 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) passed the Decision No. 142/PHP.BUP-XIX/2021 on the regent election results dispute of South Labuhanbatu, North Sumatera Province on Thursday, June 3, 2021. The petition regarding the revote results of 16 TPSs (polling stations) was filed by Candidate Pair No. 3 Hasnah Harahap-Kholil Jufri Harahap (Hasnah-Kholil).

The Court granted part of the Petitioner’s petition and annulled the South Labuhanbatu Regency General Elections Commission (KPU) Decree No. 919/PL.02.7-Kpt/1222/KPU-Kab/V/2021 on the Certification of the Regent-Vice Regent-Elect in the 2020 South Labuhanbatu Regent Election dated May 1, 2021.

It also rejected the petition for the remainders. The Court invalidated the South Labuhanbatu Regency KPU Decree No. 887/PL.02.6-Kpt/1222/KPU-Kab/ IV/2021 on the Certification of the Revote Recapitulation of the 2020 Labuhanbatu Regent-Vice Regent Election Post-Constitutional Court Decision No. 37/PHP.BUP-XIX/2021 dated April 27, 2021.

“[The Court] orders the South Labuhanbatu Regency [KPU] to issue a new decree on the certification of the regent-vice regent-elect in the 2020 South Labuhanbatu regent election,” said plenary chairman Chief Justice Anwar Usman alongside the other eight constitutional justices at the ruling hearing.

The Court has previously issued the Decree No. 142/PHP.BUP-XIX/2021 on May 21 in which it granted the Petitioner’s petition for the delay of the implementation of the KPU Decree No. 919/PL.02.7-Kpt/1222/KPU-Kab/V/2021, said Constitutional Justice Manahan M. P. Sitompul reading out the Court’s opinions. The decree cannot be implemented before the Court pass a final verdict. Therefore, the Respondent (KPU) couldn’t take any legal action toward the candidate pair with the most votes after the revote was completed.

In relation to the Petitioner’s assertion of a video recording of individual JS delivering a campaign speech before the leadership and employees of PT Torganda’s oil palm plantation to support Candidate Pair No. 2 Edimin-Ahmad Fadli Tanjung (Relevant Party), the Court couldn’t verify whether the people who listened to the speech were eligible voters at the TPS of PT Torganda Kebun Sebisa Mengatur for the revote. On that note, Junita Sari had submitted a written statement stating that she was eligible to vote in Labuhanbatu, not South Labuhanbatu Regency and that she wasn’t a member of the Relevant Party’s campaign team. Therefore, the Court believes the Petitioner’s assertion was legally groundless.

The Petitioner previously asserted that Tigor Manurung, an afdeling assistant IV, had gone around TPS 008 of Torganda Village in Torganda Subdistrict and contacted the Relevant Party’s witness and that this was ignored by the KPPS (polling station working committee) who were employees of PT Torganda Kebun Sebisa Mengatur. The Court also stated that this assertion was unfounded.

Rahmat Salim Habibi, a witness for the Petitioner, had taken photographs of Eventus Sitorus, manager of the company while at TPS 13 of Torganda Village in Torganda Subdistrict, which was within the company’s premises. However, the Court couldn’t find any legal fact to suggest that Sitorus was there to coerce or direct voters to vote for any of the candidate pairs. Therefore, the Court also ruled the Petitioner’s assertion on this legally groundless.

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 

Experts and Witnesses Testify in South Labuhanbatu Election Dispute Case 

Writer        : Nano Tresna Arfana
Editor        : Nur R.
Translator  : Yuniar Widiastuti
Editor        : R. A. Indah Apriyanti

Translation uploaded on 6/4/2021 14:08 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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