How About 25 Election Lawsuits That Meet The Conditions, Akhyar Nasution, Sara, Denny Indrayana?

JAKARTA - The application for the dispute over the results of the Pilkada that meets the 0.5 to 2 percent threshold requirements is estimated to be only 25 applications. The Constitutional Court (MK) received 136 petitions for challenges to the results of the 2020 simultaneous regional elections.

"Of the 136 applications that were submitted to the Constitutional Court and also 116 regions, there were 25 applications that met the threshold set by Article 158 of the Pilkada Law," said researcher of the Constitutional and Democracy Research Institute (KoDe) Initiative Muhammad Ihsan Maulana quoted by Antara, Thursday, 7 January.

Ihsan Maulana said that for the gubernatorial election, from six regions with seven requests, there were two requests that were confirmed to pass the threshold, namely the election for governor of Jambi and South Kalimantan.

For the regent election, out of 96 regions whose election results were disputed by the Constitutional Court, only 22 regions were said to have entered the threshold.

These areas are Karimun, West Sumba, Indragiri Hulu, Nabire, Mandailing Natal, Kotabaru, Sumbawa, Labuhanbatu, South Labuhanbatu, Solok and Panukal Abab Lematang Ilir.

Furthermore, Tasikmalaya, Tojo Una-Una, North Morowali, Rokan Hulu, Malacca, Rembang, Sekadau, Purworejo, South Konawe, Teluk Wondama and Lingga.

Meanwhile, for the election of mayor, Ihsan Maulana said that only the dispute over the results of the Ternate regional election was included in the threshold of 14 applications received by the Constitutional Court.

Even though only 25 regions have their requests met the threshold, he stressed that other applications will not automatically be accepted by the Constitutional Court because the institution has shifted the threshold from formal requirements to subject matter.

Therefore, applications that do not meet the indirect threshold are not considered, but will still be subject to examination.

The Constitutional Court stated that the applicants had revoked two requests for dispute over the results of regional head elections, namely the results of the election for the mayor of Magelang and the 2020 regent of Nias.

"Of the 136, there were two cases that were withdrawn by the petitioner," said Head of Public Relations and Domestic Cooperation of the Constitutional Court Fajar Laksono.

For the Magelang Regional Election, the applicant who is a candidate pair Aji Setyawan-Windarti Agustina has submitted a letter of withdrawal of the petition and the Constitutional Court has issued a deed of cancellation of the petition's submission on December 30, 2020.

Meanwhile for the Nias Pilkada, the request for a letter of request to withdraw the case from the Christian Zebua-Anofuli Lase pair has been received by the Constitutional Court, but is still being processed and the deed of cancellation of the petitioner's application has not been issued.

Fajar Laksono said that the exact number of disputes over the results of the elections to be tried will be known on January 18, 2021, during the registration process.

"To ascertain how many cases are registered and tried, the process is awaited on January 18," said Fajar Laksono.

The Constitutional Court received a total of 136 requests for disputes over the results of regional head elections consisting of seven disputes over the results of the election for governors, 115 results from the election for regents, and 14 results from the election for mayors.

The preliminary examination trial is scheduled to be held on January 26-29, 2021 to check the completeness and clarity of the material for the application and the validation of evidence. Furthermore, on February 1-11, 2021, the Constitutional Court scheduled an examination hearing and a deliberation meeting of judges (RPH).

The trial for pronouncing the interlocutory decision will be held on February 15-16, 2021 and the PHP decision hearing on February 19-24, 2021 accompanied by the submission of a copy of the decision to the applicant, KPU, related parties, and Bawaslu.

The candidate pair Muhamad-Rahayu Saraswati Djojohadikusumo filed a lawsuit against the results of the South Tangerang City (Tangsel) regional election. Previously, KPU named Benyamin Davnie-Pilar Saga Ichsan as the winner with superior votes.

Quoted from the website of the Constitutional Court, Sunday, December 27, the applicant submitted a request to cancel the decision of the South Tangerang City KPU Number: 470 / HK.03.1-Kpt / 3674 / KPU-Kot / XII / 2020 concerning the Determination of the Recapitulation of Vote Count Results for the Election of Mayor and Deputy Mayor South Tangerang City on December 17th.

For the petitioner, namely Muhamad-Sara through their attorney, the petition is very grounded by excluding the threshold considering that the problem criteria proposed by the applicant in the dispute over the Tangsel City Regional Election is that there has been a structured, systematic, massive (TSM) violation.

In the petitum, the applicant Muhamad-Sara through their attorney asked the Constitutional Court to declare the disqualification of candidate number 3 Benyamin Davnie-Pilar Saga Ichsan in the South Tangerang Regional Election.

"Ordered the respondent to carry out a re-voting in all TPS Tangsel City which was participated by all candidate pairs," said Muhamad-Sara petitum.

Meanwhile, the candidate for governor of South Kalimantan, Denny Indrayana, brought as many as 117 evidence of fraud and violations committed by other pairs of candidates in holding the election for the Governor and Deputy Governor of South Kalimantan to the Constitutional Court.

"Until when we submitted our petition to the Constitutional Court, the evidence we submitted to the Court was 177," said Denny Indrayana, quoted by Antara, Tuesday, December 22.

According to him, this evidence could increase along with the revision of the petition until the trial was held.

The evidence submitted together with the registration of a request for dispute over the results of the South Kalimantan Pilgub, includes letters, videos, and recordings of talks which are considered to prove allegations of fraud and violations in the regional elections.

Next, minutes and groceries with the writing of COVID-19 donations with posters that are similar to other pairs of candidates.

"This shows that we are very serious about maintaining the principles of direct, general, secret-free, honest and fair regional elections in South Kalimantan, which are injured by various frauds and we will prove it in the Constitutional Court," said Denny Indrayana.

Akhyar Nasution also filed a lawsuit in the Medan Pilkada. Akhyar Nasution's team included a number of evidences when registering the Medan Pilkada election result dispute lawsuit to the Constitutional Court. There are 8 points that are the main focus of Akhyar-Salman.

"There are allegations of vote mark-ups and voters who do not match the local ID cards. It will be tested with the evidence we have," explained Gelmok.