MK Cancel Wondama Bay KPU Decision, Order Another Voting

JAKARTA - The Constitutional Court (MK) overturned the decision of the KPU of Teluk Wondama Regency, West Papua regarding the recapitulation of the Pilkada vote count.

"To completely reject the defendant's and related parties' exceptions," said Chief Justice of the Constitutional Court Anwar Usman at the hearing of the pronouncement of the verdict at the Constitutional Court building quoted by Antara, Thursday, March 18.

The Constitutional Court stated that there was a violation in the implementation of voting at the Voting Station (TPS) 05 in Wasior II Village, TPS 04 Maniwak Village, TPS 09 Maniwak Village and TPS 14 Maniwak Village, Wasior District in the election for Regent and Deputy Regent of Teluk Wondama Regency 2020.

Cancellation of Wondama Bay Regency KPU Decree Number 285 / PL.02.6-Kpt / 9207 / KPU-Kab / XII / 2020 concerning the determination of the recapitulation of vote count results and the election results of the local Regent and Deputy Regent dated December 16 during the vote acquisition at TPS 05 Kampung Wasior II , TPS 04 Maniwak Village, TPS 09 Maniwak Village and TPS 14 Maniwak Village.

The Constitutional Court ordered the respondent, namely the Teluk Wondama Regency KPU to carry out re-voting at the TPS deemed to have committed a violation. The PSU was attended by all candidate pairs for Regent and Deputy Regent of Teluk Wondama Regency.

In addition, the KPU must also ensure that voters who have exercised their voting rights at other polling stations besides TPS 05 Wasior II Village, TPS 04 Maniwak Village, TPS 09 Maniwak Village and 14 Maniwak Village TPS.

Anwar Usman said that the re-voting must be done within a grace period of 30 days from the time the verdict was made. In addition, the Constitutional Court ordered the Wondama Bay Police to carry out security during the re-voting.

The Court also ordered the respondent to combine the results of the re-voting as referred to in amar number four with the results determined by the respondent as stated in decision Number 285 / PL.02.6-Kpt / 9207 / KPU-Kab / XII / 2020, which was not canceled by the Court. and then put it in a new decision regarding the final result of the votes acquired by each pair of candidates.

"Lastly, rejecting the petitioner's petition for other than and the rest," said Judge Anwar Usman.

The Pilkada dispute in Teluk Wondama Regency was submitted by Elysa Auri and Fery Michael Deminikus Auparay as candidate pairs for Regent and Deputy Regent number 01.

In that case, the defendant party, namely the Wondama Bay Regency KPU, West Papua and related parties, namely Hendrik Syake Mambor and Andarias Kayukatui who were also participants in the Regional Head Election Candidate Number 04.

Based on the results of the election for the Regent and Deputy Regent of Teluk Wondama, the applicant received 5,264 votes, while the votes acquired by related parties or pairs of candidates with the most votes were 5,583 votes, so the difference in vote acquisition was 319 votes or the equivalent of 1.69 percent.