Constitutional Court issuing a decree on the 2020 South Kalimantan Province election dispute case No. 151/PHP.GUB-XIX/2021 at a ruling hearing on Wednesday (10/27/2021). Photo by Humas MK/Panji.

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Wednesday, October 27, 2021 | 16:06 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) issued a decree for case No. 151/PHP.GUB-XIX/2021 on the 2020 South Kalimantan Province election dispute, which was filed by Khairil Anwar. The decree was read out by Chief Justice Anwar Usman at a ruling hearing virtually on Wednesday afternoon, October 27, 2021.

The Court states in the decree that it has ruled on two previous dispute cases of the 2020 South Kalimantan Province election, one of which is case No. 124/PHP.GUB-XIX/2021 where Candidate Pair No. 2 Denny Indrayana-Difriadi questioned the South Kalimantan Provincial KPU (General Elections Commission) on the recapitulation.

The Court held a preliminary hearing on the a quo petition on September 23, 2021, where the Petitioner appeared before the Court virtually to challenge the provincial KPU’s recapitulation because they believed that 4,520 votes had been inflated. They requested that the Court annul the provincial KPU’s decree and order Bareskrim (the national police’s criminal investigation department) to investigate it.

The Court held another hearing on October 6 to hear the Respondent’s (KPU) and Bawaslu’s (Elections Supervisory Body) responses and approved the evidence.

Justice Anwar said that after reviewing the a quo petition, although the petition’s object was the South Kalimantan Provincial KPU’s decree, the legal incident that the petition’s argued about, i.e. the inauguration of governor- and vice governor-elect by the president, occurred after the election process was completed. As such, the petition was not under the Court’s jurisdiction.

Therefore, based on Article 48A paragraph (1) letter a of Law No. 24 of 2004 on the Constitutional Court as last amended by Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2004 on the Constitutional Court, the Court issued a decree to declare that the Court has no authority to adjudicate the case. “[The Court] stipulates that [it] is not authorize to adjudicate the Petitioner’s petition,” said Justice Anwar reading out the verdict.

Also read:

South Kalimantan KPU Allegedly Inflated Votes

South Kalimantan KPU Denies Inflating Votes

The Petitioner previously alleged that 4,520 votes had been inflated in Barabai Subdistrict, Central Hulu Sungai Regency at TPS (polling stations) 13 and 8 of Barabai Darat; TPS 1 and 7 of East Barabai; TPS 5 and 7 of North Barabai; TPS 6, 7, 8, and 9 of West Barabai; TPS 2 of Bukat; TPS 2 of Banua Binjai; and TPS 2 of Ayuang. In the petitum, the Petitioner requested that the Court annul the South Kalimantan KPU Decree No. 37/PL.02.6-Kpt/63/Prov/VI/2021 or order them to certify 870,340 votes for Candidate Pair No. 1 (869,621 plus 719) and 830,490 votes for Candidate Pair No. 2 (828,591 plus 1,899) or to order them to prove 1,968 mystery votes.

Writer           : Utami Argawati
Editor          : Lulu Anjarsari P.
PR               : Tiara Agustina
Translator     : Yuniar Widiastuti (NL)

Translation uploaded on 10/27/2021 20:05 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.

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