KPU’s counsel Sudi Prayitno responding to the petition at a hearing for the South Pesisir Regency revote results dispute, Wednesday (18/8/2021) in the panel courtroom. Photo by Humas MK/Panji.
Wednesday, August 18, 2021 | 17:25 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held anothis hearing of the 2020 South Pesisir Regency election results dispute on Wednesday afternoon, August 18, 2021. The petition No. 148/PHP.BUP-XIX/2021 was filed by Candidate Pair No. 1 Hendrajoni-Hamdanus. The panel hearing—scheduled to hear the response by the South Pesisir Regency General Elections Commission (KPU) and the testimony by the regency’s Elections Supervisory Body (Bawaslu)—was presided over by Constitutional Justices Arief Hidayat (chair), Enny Nurbaningsih, and Manahan M. P. Sitompul.
Through counsel Sudi Prayitno, who attended the hearing virtually, the South Pesisir Regency KPU maintained that the Court did not have the authority to adjudicate on the Petitioners’ petition because one of the objects of contention in the case is the decree of the Ministry of Home Affairs, which did not concern the vote acquisition. The KPU as Respondent also believed the Petitioners did not have legal standing in the case as the vote margin between them and the candidate pair with the highest votes passed the 1% required to file the petition.
The KPU also maintained that the petition had been filed past the 3-working-day deadline since the announcement of the South Pesisir Regency KPU Decree on the certification of the vote recapitulation of the candidate pairs on December 17, 2020 at 10:41 WIB, which was posted on the KPU’s website. They also asserted that the petition was obscure.
“On one hand, the Petitioners requested the annulment of the KPU Decree No. 368 in petitum point 5. On the othis hand, the Petitioners requested the annulment of the KPU Decree No. 568. In addition, the Petitioners’ petition is ne bis in idem, as it was filed by Regent-Vice Regent Candidate No. 1 against the South Pesisir Regency KPU with the object being the KPU Decree No. 368, with the same Petitioners, Respondent, and object as in the case No. 64/PHP.BUP-XIX/2021, which the Court had decided on,” Sudi Prayitno explained.
The KPU refuted the Petitioners’ argument on the Padang District Court’s order to detain Candidate Pair No. 2 Rusma Yul Anwar. His absence during registration in the KPU when running in the election did not prevent the KPU from accepting his application, as such absence was allowed on the condition that there was a letter of recommendation from the authorities.
The KPU also rebutted the Petitioners’ allegation of neglect and carelessness in ascertaining the candidate pair’s legal status during verification. They also refuted the Petitioners’ allegation that Candidate Pair No. 2 had not met the requirements due to his status as a convict based on a decision that was legally binding.
Bawaslu’s Testimony
Chairman of the South Pesisir Regency Bawaslu Erman Wadison testified at the hearing about the Petitioners’ allegation of administrative violation by Candidate Pair No. 2 concerning requirements for the candidate pairs.
“Based on Bawaslu’s supervision during the regent-vice regent candidate registration for South Pesisir on September 5, 2020, Candidate Pair No. 2 registered by submitting [documents required for] a candidate and the candidacy,” he said.
He added that the regency’s KPU had verified Rusma Yul Anwar’s registration documents. They clarified that the police certificate (SKCK) mentioned that he was filing for a cassation against the criminal charge of violation of Law No. 32 of 2009 on Environmental Protection and Management.
Also read: Administrative Requirements for South Pesisir Regent Candidates Challenged
At the preliminary hearing on Friday, August 13, 2021, the Petitioners—represented by counsels Oktavianus Rizwa, Muhammad Arif, Harry Syahputra, and Zenwen Pador—conveyed their objection to the South Pesisir Regency KPU Decree No. 259/Pt.02.3-Kpt/1381/KPU-Kabupaten/X/2020 on the certification of the candidate pairs in the 2020 South Pesisir Regency election dated September 23, 2020. They questioned the constitutionality, legality, and moral value of several decisions by the regency’s KPU in the election, which they alleged were formally and administratively defective, unconstitutional, lawful, and immoral. They alleged that the South Pesisir Regency KPU had certified Regent Candidate No. 2 Rusma Yul Anwar as a candidate in the election, which he then won.
The Petitioners believe that Regent Candidate No. 2 Rusma Yul Anwar had not met the administrative requirements because, prior to his run as a regent candidate, he had been convicted by the Padang District Court and the Padang High Court of conducting business without an environmental permit. The two courts ordered that he be detained, although in the end he avoided detention.
When the regent candidates were certified, the Petitioners alleged, Candidate Pair No. 2 was appealing for a cassation in the Supreme Court. The Candidate Pair No. 2 should have met submitted a police certificate (SKCK) to meet an administrative requirement. However, the certificate could not be issued as he was still involved in the aforementioned cases.
“Based on these facts, the implementation of the [regional head election (pilkada)] had far strayed from an honest and fair election,” said counsel Oktavianus Rizwa.
Writer : Nano Tresna Arfana
Editor : Nur R.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 8/19/2021 09:07 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 | 17:25 WIB 308