Behind the constitutional justices’ desk at the virtual ruling hearing of the South Kalimantan governor election dispute hearing, Friday (30/7/2021). Photo by Humas MK/Ilham W. M.
Friday, July 30, 2021 | 22:00 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) decided that the 2020 South Kalimantan regional election (pilkada) results dispute petition was inadmissible at a virtual ruling hearing for case No. 146/PHP.GUBXIX/2021 on Friday, July 30, 2021. The petition was filed by governor-vice governor candidate pair No. 2 Denny Indrayana-Difriadi (Denny-Difri), who challenged the revote (PSU) on June 9, 2021.
“[The Court] declares the Petitioner’s petition inadmissible; validates the South Kalimantan Provincial General Elections Commission (KPU) Decision No. 37/PL.02.6-Kpt/63/Prov/VI/2021 the certification of the vote count recapitulation Post-Constitutional Court Decision No. 124/PHP.GUB-XIX/2021 on the 2020 South Kalimantan Governor-Vice Governor Election dated June 17, 2021; orders the Respondent to certify the candidate pair elect in the 2020 South Kalimantan governor-vice governor election,” said Chief Justice Anwar Usman reading out the verdict.
In the legal considerations read out by Constitutional Justice Manahan M. P. Sitompul, the Court stated that the Respondent and their ranks had observed the final voters list (DPT), additional final voters list (DPTb), and relocated voters list (DPPh) with coordination with the South Kalimantan Population and Civil Registry Office and Bawaslu (Elections Supervisory Body) as well as the candidate pairs through their campaign teams. The process was witnessed by the South Kalimantan police. A key basis in the Court’s observation of the DPT was the assessment of the data following procedure. From the evidence and facts at the hearings, the Court found out that the Respondent had updated and validated the voters data and reviewed the data of voters in 7 subdistricts in which the revote took place following statutory laws and regulations, so that the certification of DPT, DPTb, and DPPh was legally valid.
The Court deemed the Petitioner’s allegation that the Respondent had added additional or relocated voters for the Relevant Party’s win an unproven assumption. The Court also didn’t find any evidence to confirm whether those voters had voted for the Relevant Party or the Petitioner.
“Each candidate pair should understand that, so if any of them had felt disadvantaged by the DPT certification, they could have raised an objection right away during the update and/or review of the voter data, and not after the revote was completed,” Justice Manahan said.
Therefore, the Court held that the Petitioner’s allegation of DPT issue made by the Respondent was legally groundless.
In the legal considerations read out by Constitutional Justice Daniel Yusmic P. Foekh, the Court held that there had been insufficient evidence to prove that the Respondent and their ranks had not been neutral. The Court also rejected the Petitioner’s allegation that the Respondent had delayed the inauguration of KPPS (polling station working committee) members to re-elect old KPPS members to benefit the Relevant Party.
The Court, Justice Foekh added, had also observed that the Respondent’s recruitment of KPPS and PPK (subdistrict election committee) members had been transparent and under strict supervision by Bawaslu (Elections Supervisory Body), indicating their commitment to carry out the Court’s decision. The Court also wasn’t convinced of the allegation that the Respondent had been negligent by delaying the KPPS recruitment announcement to May 29, 2021 from May 25, 2021 as well as that the allegation of the delay of new KPPS appointment, making it seem as if they didn’t carry out the Court’s order. The Court held that the KPPS had undergone selection under the predetermined deadline.
“This was affirmed by Bawaslu’s statement of the supervision over the KPPS selection, which had followed the scheduled procedure and stages and had been announced by the KPU through a decree on the stipulation and recruitment of those KPPS members,” Justice Foekh said.
In addition, Bawaslu didn’t find any prove on alleged administrative violation due to schedule mismatch. Bawaslu had overseen all stages of the KPPS recruitment and observed all the members. Bawaslu found 3 KPPS members that were members in the pilkada on December 9, 2020—Syarifah Nurul Huda, Rinawati, and Zainal. Bawaslu then sent a letter to the Respondent to recommend it be changed, which the Banjarmasin City KPU had followed up on by issuing the Decrees No. 87/PP.04.2-Kpt/6371/KPU-Kot/VI/2021 for South Basirih and No. 88/PP.04.2-Kpt/6371/KPU-Kot/VI/2021 for South Kelayan. Therefore, the Petitioner’s arguments didn’t convince the Court.
Also read:
Denny-Difri Reveal South Kalimantan Pilkada Violations in Constitutional Court Session
KPU of South Kalimantan Province Denies Denny-Difri's Petition
Witnesses Revealed Social Aid Misuse in South Kalimantan Regional Head Election
Grant Denny-Difriadi's Petition, The Court Orders Re-Vote for South Kalimantan Regent Election
Denny-Difri Challenges South Kalimantan Governor Election Results
S. Kalimantan KPU Counters Denny-Difri’s Arguments
At a hearing on Friday afternoon, March 19, 2021, the Court passed a ruling on the 2020 South Kalimantan pilkada results election dispute, petitioned by Candidate Pair Denny-Difri. In its verdict for the Decision No. 124/PHP.GUB-XIX/2021, the Court ordered a revote at all polling stations (TPS) in South Banjarmasin Subdistrict (Banjarmasin City), Sambung Makmur Subdistrict, Aluh-Aluh Subdistrict, Martapura Subdistrict, Mataraman Subdistrict, and Astambul Subdistrict (Banjar Regency), as well as 24 TPS in Binuang Subdistrict (Tapin Regency).
The Court also ordered the KPU to appoint new chairperson and members of the KPPS in South Banjarmasin Subdistrict (Banjarmasin City); Sambung Makmur Subdistrict, Aluh-Aluh Subdistrict, Martapura Subdistrict, Mataraman Subdistrict, and Astambul Subdistrict (Banjar Regency); as well as at 24 TPS in Binuang Subdistrict (Tapin Regency), which includes TPS 1, TPS 2, TPS 3, TPS 6, and TPS 8 of Tungkap Village; TPS 1, TPS 6, TPS 8, TPS 12, TPS 13, TPS 14, TPS 16, and TPS 18 of Binuang Village; TPS 5, TPS 7, and TPS 10 of Raya Belanti Village; TPS 1, TPS 2, TPS 3, TPS 4, and TPS 5 of Pualam Sari Village; TPS 2 of Padang Sari Village; as well as TPS 1 and TPS 3 in Mekarsari Village.
In its legal considerations, the Court stated that the implementation of every process of the South Kalimantan governor election at all TPS of six subdistricts in South Kalimantan and 24 TPS in Binuang Subdistrict had not been in accordance with statutory regulations, especially the principles of direct, public, free, confidential, honest, and fair election.
The South Kalimantan governor election revote then took place on June 9, 2021. Candidate Pair Denny-Difri then filed a petition to the Court to question the revote results.
At a hearing on Wednesday, July 21, 2021, the Petitioner’s counsel Bambang Widjojanto alleged that the revote had been tainted by violations and manipulation, indicating a disregard for the direct, public, free, confidential, honest, fair, and democratic election. He alleged that not only were Sahbirin Noor-Muhidin (Candidate Pair No. 1) involved, but there was also strong indication that the election organizers and the bureaucracy had legitimized those violations. He then requested that Sahbirin-Muhidin be disqualified for the allegedly structured, systematic, and massive (TSM) “money politics” or vote buying.
He alleged that Candidate Pair No. 1 had colluded with village heads, heads of neighborhood units (RT), and thugs. The heads of village and RT had received monthly payments as part of the key political strategy to bring Candidate Pair No. 1 to victory. Through their team, Candidate Pair No. 1 had also threatened and forcefully picked up voters to come to the polling stations and vote for them.
Bambang added that the South Kalimantan Bawaslu also contributed to the ‘money politics.’ He alleged that, according to the media, they had openly stated that candidate pairs could pay for their zakat [a form of almsgiving in Islam] in the areas where the revote would take place. As an institution that should have guarded the electoral fairness and honesty, they should have announced that the zakat should be paid through authorized bodies, such as the Muslim Charitable Donations Board (Bazis) [now the National Zakat Board/BAZNAS]. However, they only issued a circular on that matter on May 6, 2021.
Bambang also revealed that the South Kalimantan KPU had sided with Candidate Pair No. 1 by delaying the inauguration of the polling station working committee (KPPS) and inaugurating the former KPPS from the previous election. They also issued a circular on voting requirements that violated the Pilkada Law and benefited Candidate Pair No. 1, who had allegedly mobilized voters to make request the issuance of KTP (identity card) in the final days leading up to revote day on June 9, 2021. In addition, he alleged, the KPU had deliberately manipulated the final voters list (DPT) in order to prevent valid voters from voting for Candidate Pair No. 2 and to pass illegitimate voters to be able to vote for Candidate Pair No. 1.
Writer : Utami Argawati
Editor : Nur R.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/2/2021 08:57 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, July 30, 2021 | 22:00 WIB 291