Governor Ticket Fransiscus-Tabroni Lack Legal Standing
Image

Chief Justice Anwar Usman reading out the verdict of the 2020 Nabire Regency election results dispute for the case No. 149/PHP.BUP-XIX/2021, Wednesday (9/29/2021). Photo by Humas MK/Ilham W.M.


Wednesday, September 29, 2021 | 21:49 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) declared that Candidate Pair No. 3 Fransiscus Xaverius Mote-Tabroni bin M. Cahya did not have legal standing in the 2020 Nabire Regency election results dispute.

“[The Court] adjudicated, declares the Petitioners’ not having legal standing. Regarding the subject matter of the petition, [the Court] declares the Petitioners’ petition not accepted. [The Court] validates the Nabire KPU Decision on the Implementation of Revote in the 2020 Nabire Regent-Vice Regent Election dated August 3, 2021,” said Chief Justice Anwar Usman at the ruling hearing for case No. 149/PHP.BUP-XIX/2021 on Wednesday, September 29, 2021.

The Court holds the Petitioners did not meet the requirements to file a petition based on Article 158 paragraph (2) letter a of Law No. 10 of 2016 despite being Nabire regenct-vice regent candidates in the 2020 regional election.

“Therefore, in the Court’s opinion, the Petitioners do not have the legal standing to file the a quo petition, quod non, the Petitioners’ arguments are legally groundless. Therefore, the Respondent and Relevant Party’s objection that the Petitioners lack legal standing is legally valid,” said Constitutional Justice Suhartoyo reading out the Court’s considerations.

Also read:

Constitutional Court Commands Election Redo in Nabire Regent

Constitutional Court Affirms Nabire Regent Election Redo

Petitioners of Nabire Election Dispute Say KPU Failed to Revise DPT 

Nabire Regency Revote Monitored by KPU and Bawaslu RI Directly

The Petitioners alleged that the revote counting had not followed the Constitutional Court Decision No. 84/PHP.BUP-XIX/2021, in which the Court ordered a direct revote based on a revised final voters list (DPT). They believe the Respondent’s mistake began with their failure to revise the Nabire Regency DPT, basing [the revote] on an invalid, illogical DPT. The Respondent had mistakenly removed 23,574 voters out of the temporary voters list going into the final voters list (DPT). The potentially eligible voters list showed the number of voters being 115,877, consisting of voters above 17 years of age who are not TNI members, police officers, or those who have been married.

The Petitioners argued that after the temporary voters list (DPS) was determined based on the potentially eligible voters list (DP4) and data from the previous election, the Respondent should have verified the list. Only after updating the new DPS could they determine the accurate DPT. Their failure to use the verification (coklit) results led to the number of voters in DPT not matching the demography. Residents above 17 years of age was 65-75% of the total population, according to the Director-General of Population and Civil Registry in the Constitutional Court Decision No. 84/PHP.BUP-XIX/2021.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/30/2021 17:17 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Wednesday, September 29, 2021 | 21:49 WIB 216