The ruling hearing on an interagency authority dispute regarding a decree on the results of regional election, Wednesday (12/15/2021). Photo by Humas MK/Ifa.

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Wednesday, December 15, 2021 | 13:41 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) granted a request by the South Pesisir incumbent regent Hendrajoni to withdraw the petition for case No. 3/SKLN-XIX/2021. The decree was read out on Wednesday afternoon, December 15, 2021.

Chief Justice Anwar Usman, who read out the decree, the Court had received the petition on October 18, 2021 by Hendrajoni, who gave Haryo S. Agus Satoto and colleagues power of attorney on the petition to dispute the 2020 South Pesisir election results. The petition was received by the Registrar’s Office on October 19 and was recorded in the e-BRPK (electronic constitutional case registration book) on October 26.

The Court then held a preliminary hearing on November 10 virtually. It continued with a virtual petition revision hearing on November 23, where the Petitioner’s legal counsels did not convey the revisions to the petition but instead requested the justice panel to withdraw it.

As an exercise of caution, the Court asked the legal counsels to clarify that the Petitioner had received the Petitioner’s approval to withdraw the petition, which they confirmed.

The justice deliberation meeting (RPH) on November 29 concluded that the withdrawal request was legally warranted and, thus, the petition cannot be re-filed. The justices also ordered the Chief Registrar to record the withdrawal in the e-BRPK and to return the copy of the Petitioner’s petition.

Also read: Justices Question State Institution Status in Petition by South Pesisir Incumbent Regent

The Petitioner, Hendrajoni, is the incumbent regent of South Pesisir Regency who acquired the second highest number of votes in the 2020 election after regent-deputy regent elect Rusma Yul Anwar-Rudi Hariyansyah. He filed a petition to request the annulment of the Decree of the Minister of Home Affairs (Permendagri) No. 131.13-360 of 2021 dated February 24, 2021 on the Amendment to the Permendagri No. 131.13-301 of 2021 on the Ratification of the Appointment of Regional Heads and Deputy Regional Heads from the 2020 Simultaneous Election in the Regencies and Cities of West Sumatera Province, which certified Candidate Pair Rusma Yul Anwar-Rudi Hariyansyah as South Pesisir Regent-Deputy Regent.

Also read: South Pesisir Incumbent Regent Withdraws Petition

The Petitioner argued that Rusma Yul Anwar had submitted application documents that should have been reason enough for the South Pesisir Regency General Elections Commission (KPU) to deny his application as a regent candidate. Rusma Yul’s action had violated Article 109 of Law No. 32 of 2009 on the Environmental Protection and Management. Through his legal counsel, he had reported the South Pesisir Regency KPU’s negligence to the Election Organizer Ethics Council (DKPP), who then issued a penalty to the KPU’s chairman and members in the DKPP-RI Decree No. 120-PKEDKPP/III/2021 on June 2, 2020.

The Petitioner believed the Respondent had been negligent and disregarded public complaints, especially that by the Petitioner and the people of South Pesisir. He also asserted that the legal facts that had occurred during Rusma Yul Anwar’s candidacy until the two Permendagri were issued were an oversight and must be declared null and void.

However, he believed the South Pesisir Prosecutor’s Office was restricted in executing a decision on Rusma Yul Anwar, who has been inaugurated as the regent of South Pesisir. Rusma Yul Anwar, who should have been a role model, promised to turn himself in to be subjected to the ruling of Padang District Court, but has not done so until today.

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

Translation uploaded on 12/15/2021 20:49 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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