KPU Calls TSM Violation In The South Kalimantan Pilgub Related To Denny Indrayana's Lawsuit Not The Court's Authority
JAKARTA - South Kalimantan KPU attorney Ali Nurdin said that structured, systematic and massive violations (TSM) in the regional elections are not within the authority of the Constitutional Court to judge.
"The petitioner's argument regarding the existence of structured, systematic and massive violations is not the Constitutional Court's authority to examine and try it since the promulgation of Law Number 1 of 2015," he said at the trial of the 2020 simultaneous regional election results dispute at the Constitutional Court building quoted by Antara, Monday, 1 February.
He explained that Law Number 1 of 2015 concerning Pilkada clearly states that violations of TSM are the authority of general election supervisors.
According to Ali Nurdin, the demands of the candidate for governor and deputy governor of South Kalimantan, Denny Indrayana-Difriadi, for the Constitutional Court to examine suspected TSM violations is a form of taking over authority. Even though the South Kalimantan Bawaslu can carry out their duties properly.
He also said that none of the Constitutional Court decisions in resolving disputes over the results of the 2015, 2017 and 2018 elections were based on TSM violations.
Meanwhile, regarding requests to disqualify other candidate pairs in the regional elections, Ali Nurdin emphasized that there is a mechanism that begins with reports or findings, then continues with an examination by Bawaslu.
If during the examination, the candidate pairs for the elections are proven to have committed a violation, then Bawaslu will give a recommendation to the KPU to cancel the candidate's participation in the pilkada.
Meanwhile, of the 136 application for dispute over the results of the 2020 regional head election submitted to the Constitutional Court, the Constitutional and Democracy (Code) Initiative research institute recorded 41 of them arguing that TSM violations had occurred and were the most argued by the applicant.