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Ruling hearing for the Regent Election Results Dispute of North Halmahera was held virtually on Thursday (03/06) in the courtroom. Photo by PR/Hendy.

Jakarta, Public Relations - Constitutional Court entirely rejected the petition for 2020 Regent Election Results Dispute of North Halmahera filed by Candidate Pair Number 2 Joel B. Wagono and Said Bajak in the Decision Number 143/PHP.BUP-XIX/2021 read in the ruling hearing on Thursday (03/06/2021)

In regards to the Petitioner’s claim concerning the thoughtless act during the Plenary Meeting for Elected Candidate Certification done by the General Elections Commission (KPU) of North Halmahera Regency in which they certified the elected regent based on the Announcement Number 92/PL.02.07-Pu/8203/KPUKab/V/2021 on the Certification of Elected Regent and Vice Regent was a structured and systematic violation, Justice Wahiduddin Adams explained the Court’s opinion on the matter. 

After examining the evidence, the Court decreed on May 21, 2021 to halt any further action, be it administrative or legal act. Therefore, anything decreed by KPU of North Halmahera after the Decree Number 26/PL.06.2-Kpt/8203/KPU-Kab/IV/2021 concerning the Votes Count Recapitulation Post-Constitutional Court’s Decision Number 57/PHP.BUP-XIX/2021 on the 2020 Regent and Vice Regent Election of North Halmahera dated on April 30, 2021 was invalid. 

“After that, Respondent should also publish a new decree which would be certified as valid through the Decision of the Constitutional Court. Therefore, the claim as mentioned by Petitioner was not a structured and systematic violation, hence the Court opined that the claim was legally groundless,” said Justice Adams. 

Problem in Certain Polling Station (TPS)

Petitioner claimed that there were 15 employees in a company called PT. NHM who had voted on December 9, 2020 but their names were listed again on the Final Voters List (DPT) of certain TPS, be it TPS 01 or TPSs 02 in the voting redo held on April 28, 2021. The Court found that there were 4 (four) voters used their voting rights and were listed on the DPT of TPS 02 located in PT. NHM, meanwhile other employees did not use their voting rights despite being listed as they had previously voted on December 9, 2020. Additionally, there were no objections expressed by the all witnesses of candidate pairs in that TPS. 

In regards to the petitioner’s claim concerning the violation in TPS 07 Rawajaya Village, the Court found that voters named Wahyun Daido and Nasrun Daido were indeed listed on the DPT of TPS 07 Rawajaya Village on December 9, 2020 and again listed during the voting redo on April 28, 2021 as the list was not updated. Based on the verbal recommendation of Bawaslu of North Halmahera Regency, both voters were allowed to vote as they were listed. Then, in the hearing held on May 28, 2021 it was revealed that both voters came to TPS accompanied by the Petitioner’s Success Team and Petitioner’s Witness expressed objection after the votes counting done and KPPS had signed the Report of Votes Counting. Therefore, the Court deemed that it was not relevant to be brought up again by Petitioner in this case, hence the claim was legally groundless. 

Petitioner plead the Court to annul the Decree of the General Elections Commision (KPU) of North Halmahera Regency Number 57/Pl.06.2-Kpt/8203/KPU-Kab/IV/2021 concerning the Votes Count Recapitulation Post-Constitutional Court’s Decision Number 57/PHP.BUP-XIX/2021 on the 2020 Regent and Vice Regent Election of North Halmahera dated on April 30th, 2021 at 22.11 WIT (Eastern Indonesia Time). They claimed that there were still several violations done by Respondent during the verification and validation of the voters’ data for the TPS located in a company called PT Nusa Halmahera Mineral (NHM) resulting to the loss of votes for Petitioner in the election 

Writer: Sri Pujianti
Editor  : Lulu Anjarsari P
Public Relations : Andhini SF
Translator : WA
Editor : IA
Managing Editor : BW
Translation uploaded on June 5, 2021 at 11.03 WIB

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