The Petitioner’s legal counsel, Petrus P. Ell, reading out the petition for case No. 152/PHP.BUP-XIX/2021 in the plenary courtroom of the Constitutional Court, Wednesday (1/5/2022). Photo by Humas MK/Ifa.

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Thursday, January 6, 2022 | 09:48 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another special hearing for the resolution of the 2020 regional election dispute (PHP Kada) of Yalimo Regency both onsite and online from the plenary courtroom on Wednesday, January 5, 2021. The preliminary hearing was for cases No. 152/PHP.BUP-XIX/2021 petitioned by Candidate Pair No. 1 Erdi Dabi-John W. Wilil and No. 153/PHP.BUP-XIX/2021 by Candidate Pair No. 2 Lakius Peyon-Nahum Mabel.

Jonathan Waeo Salisi, the legal counsel in case No. 153/PHP.BUP-XIX/2021, said the revote within a 120-workday deadline as referred to in the Constitutional Court Decision No. 145/ PHP.BUP-XIX/2021 had not materialized even until the case was filed to the Court. The regency’s KPU (General Elections Commission) as Respondent had not organized the event and had even pushed it back several times. When the revote day and the registration was set, there was no other candidate than the Petitioners.

“In addition, the Respondent claimed there was no budget for the revote while the central government had stated through the Ministry of Home Affairs it would facilitate it from the beginning. However, the government of Yalimo Regency did not respond to this issue seriously and even argued that security issues were hindering the revote,” said Salisi, who appeared before the Court onsite while following the COVID-19 protocols.

Meanwhile, Petrus P. Ell, the legal counsel in case No. 153/PHP.BUP-XIX/2021, said that the Report No. 021/PL.02.7-BA/9122/KPUKab/V/2021 and the Decree of the Yalimo Regency KPU No. 18/PL.02.7-Kpt/9122/KPUKab/V/2021 on the Stipulation of the Regent-Vice Regent Candidates in the 2020 Regent-Vice Regent Election of Yalimo Regency dated May 18, 2021 were not annulled by the Constitutional Court in Decision No. 145/PHP.BUP-XIX/2021 dated June 29, 2021.

As such, they believe that as the Respondent had not organized a revote on December 17, 2021 following the Court’s decision, the Petitioners have the constitutional right to be declared a candidate pair in the 2020 Yalimo Regency Election.

Ell also said that his team had found several discrepancies and new evidence that had not been discovered in the hearings for the No. 145/PHP.BUP-XIX/2021: a letter of statement by Erdi Dabi in which he expressed good faith to donate to the children of Rivai Mubarak, whose wife died in an accident involving him. The donation totaling two billion rupiah was made on October 12, 2020.

“In addition, there was a fake letter No. B210/Pid.B/03/2021 dated March 31, 2021 with the name of the Attorney General’s Office ordering execution for Erdi Dabi,” he explained.

In response, Constitutional Justice Arief Hidayat asked the Respondent to clarify this issue. Meanwhile, the next hearing was set for Wednesday, January 12, 2022 at 13:30 WIB to hear the Respondent’s testimony, supervised by the provincial and central KPU.

“Whether the petition is under the Court’s jurisdiction, as the object of contention is clear, whether the [Petitioners] have legal standing, whether there could be a grace period as the revote has not been carried out, what the merit of the case and the petitum that the Petitioners request. The Court will hear the confirmation on the implementation of the revote,” Justice Arief said before closing the session.

Also read: Erdi Dabi Disqualified, Yalimo Regent Election Will Re-Voted Again 

In the Decision No. 145/PHP.BUP-XIX/2021, the Court disqualified Candidate Pair No. 1 Erdi Dabi because he no longer met the requirements as a candidate pair for the 2020 Yalimo Regency Election. It also ordered the Respondent to carry out a revote with Candidate Pair No. 2 Lakius Peyon-Nahum Mabel in the running, provided that they met the requirements, and new candidate pairs including John W. Wilil, provided that they met the requirements. The Court set a deadline of 120 workdays since it pronounced the ruling and ordered the regency’s KPU to announce its results and report to the Court within 7 workdays after the recapitulation of the voting results was certified.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 01/07/2022 12:53 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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