KPU’s counsel Pieter P. Ell delivering a response at a hearing for the Boven Digoel Regency revote results dispute, Wednesday (18/8/2021). Photo by Humas MK/Ifa.
Wednesday, August 18, 2021 | 19:54 WIB
JAKARTA, Public Relations—Another hearing for the Boven Digoel Regency election dispute was held by the Constitutional Court (MK) on Wednesday afternoon, August 18, 2021. It had been scheduled to hear the response by the Boven Digoel Regency General Elections Commission (KPU) as well as the testimonies of the regency’s Elections Supervisory Body (Bawaslu) and the Relevant Party. The case No. 147/PHP.BUP-XIX/2021 was filed by Candidate Pair No. 3 Martinus Wagi-Isak Bangri.
At the hearing chaired by Deputy Chief Justice Aswanto, counsel Pieter P. Ell said that after the Court’s decision on the revote was passed, the central KPU sent a letter explaining the stages that the Papua Provincial KPU and the Boven Digoel Regency KPU needed to go through. Various activities had been carried out for the success of the revote, so the Petitioners’ allegations are inaccurate and must be refuted.
Ell denied the Petitioners’ allegation of voters revoting not corresponding to their domiciles. “The designation of [polling stations (TPS)] was based on the [KPU Regulation/PKPU] No. 2 of 2017 Article 10 paragraph (2) on data update and preparation of voters list,” he said.
He also said that after the Court’s decision, the regency’s KPU (Respondent) had reviewed the additional final voters list (DPTb) with the help of Bawaslu and the regency’s precinct force, which discovered 796 voters outside of the final voters list (DPT). The list was accommodated by Bawaslu and merged into the DPTb, which then totaled 843 voters.
According to Ell, as per PKPU No. 8 of 2018, especially Article 15 paragraph (1), the KPPS was determined with the help of KPPS members in preparing the TPS locations. The TPSs were set in accessible locations. The Respondent had also spread information through social media, meetings, etc. to increase turnover.
“So, although turnover in Jair District was only 21.4%, the Respondent had carried out socialization massively according to the stages and program schedule that had been set,” he said.
At the hearing, Candidate Pair No. 1 Hengky Yaluwo-Lexi Romel Wagiu (Relevant Party) also refuted the Petitioners’ allegation. Their counsel, Heru Widodo, said that during the revote (PSU), there was no special or new incident that led to serious violations. He countered that the Petitioners had in fact committed a violation at TPS 2 in Patriot Hamlet, Amirop District.
“The revote at said TPS was carried out due to a request by the Petitioners’ witnesses to mark remaining ballots. The revote at TPS 8 of Persatuan Hamlet, Mandobo District was due to 37 voters in the DPTb casting their votes. The legal fact is enough to show that it was the Petitioners who had committed a violation,” Heru said.
He added that in their letter to Bawaslu, the Petitioners did not provide any evidence, meaning that they had legally waive their right to report any violations. He also said that the revote tabulation even showed that the Petitioners had won in Jair District with 1,334 votes, while the Relevant Party only received 1,091 votes.
“The delayed revote was due to logistics issue at TPS 7 of Kali Kao, Asiki Hamlet under the supervision and monitoring of the field election supervisory committee (Panwas). The Petitioners’ witness at the TPS supported Panwas’ solution, which was to continue the revote at 12:00 WIT, which took place 6 hours later. The results show that the Petitioners won with 112 votes, while the Relevant Party only received 15 votes,” he explained.
No Report of Violation
Meanwhile, Fransiskus Asek said on behalf of the Boven Digoel Regency Bawaslu that there was no report of violation since the first stage of the revote until voting day. However, they discovered a violation in Asiki Hamlet, which had entered the third discussion in the Integrated Law Enforcement (Gakkumdu). He also said the Petitioners had lodged an objection in relation to low turnover, which was caused by the public having been weary of the long election in the regency.
Also read: Results of Boven Digoel Regency Revote Challenged Again
At the preliminary hearing, Candidate Pair No. 3 Martinus Wagi-Isak Bangri challenged the results of the Boven Digoel Regency revote to the Constitutional Court (MK). They believe the Respondent’s certification of Candidate Pair No. 1 Hengky Yaluwo-Lexi Romel Wagiu to be illegitimate as the Respondent had not coordinated, executed, and controlled the stages of the regency’s revote, especially Jair District, as per statutory laws and regulations. They also alleged that the Respondent had violated the citizens’ constitutional rights, which are guaranteed by Law No. 10 of 2016—citizens listed in the DPT have the right to a voters’ announcement by the polling committee (PPS). He said the DPT must be determined no later than 30 days before voting day.
In their petitum, the Petitioners requested that the Court annul the Papua Provincial KPU letter on the recapitulation of the vote counting results in the revote after the Constitutional Court’s ruling on the 2021 Boven Digoel Regency election dated July 24, 2021. They also requested that the Court order the Papua Provincial KPU and/or the Boven Digoel Regency KPU to execute another revote at all TPSs in Jair District.
Also read: Have Not Completed 5 Years Waiting Period, The Court Disqualifies Yusak Yaluwo from Boven Digoel Regent Election
The Court has ruled in a previous case to disqualify Candidate Pair No. 4 Yusak Yaluwo-Yakob Weremba, who were certified by the Boven Digoel Regency KPU Decrees No. 19/PL.023-Kpt/9116/KPU-Kab/IX/2021 on the certification of the candidate pairs in the 2020 Boven Digoel Regency Election and No. 34/PL.023-Kpt/9116/KPUKab/IX/2021 on the certification of Candidate Pair Yusak Yaluwo-Yakob Weremba as contesting candidates in the 2020 Boven Digoel Regency Election dated December 11, 2020. They also requested that the Court order another revote without Candidate Pair Yusak Yaluwo-Yakob Weremba no later than 90 workdays after the decision is pronounced.
Writer : Utami Argawati
Editor : Lulu Anjarsari P.
PR : Tiara Agustina
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/19/2021 11:11 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.
Wednesday, August 18, 2021 | 19:54 WIB 294