JAKARTA - The head of the legal team for candidate pair Yusuf Kohar-Tulus Purnomo, Yusril Ihza Mahendra, confirmed that the decision of the Lampung Province Bawaslu and the Bandar Lampung KPU regarding the cancellation of the victory of the Eva Dwiana-Deddy Amarullah pair in the 2020 Pilkada was legally binding.
Yusril Ihza Mahendra said the decision of the Lampung Province Bawaslu Examining Council Number 02 / Reg / L / TSM-PW / 08.00 / XII / 2020 firmly stated that the candidate pair number 03 was proven legally and convincingly in committing a structured, systematic and massive violation (TSM).
"(The decision) states canceling the candidate pair for mayor and deputy mayor of Bandar Lampung with serial number 03," said Yusril as quoted by Antara, Thursday, January 14.
Based on the facts revealed at the trial, said Yusir, it was proven and irrefutable that the Mayor of Bandar Lampung and his staff had committed violations of TSM by directing and misusing COVID-19 aid funds.
"To win the candidate pair number 03 (Eva Dwiana, SE and Deddy Amrullah)," he said.
Yusril explained the form of TSM violation, namely the distribution of Bansos COVID-19 in the form of 5 Kg of rice funded by the Bandar Lampung City Budget to all citizens equally.
The assistance was boarded on behalf of Mayor Herman HN (Eva Dwiana's husband) and also conveyed special messages to select candidate pair number 03.
Then, the deployment of ASN from the head of the sub-district, village head, RT and Linmas in 11 (eleven) sub-districts throughout Bandar Lampung City, distributing money to PKK cadres ahead of election day.
"Distribution of Rp. 200,000 to PKK cadres ahead of election day to 100 people in each Kelurahan where the candidate for mayor pair number 03 Mrs. Eva Dwiana is the PKK Chair of Bandar Lampung City," he said.
According to Yusril, the next non-neutral action was ASN which doubled as KPPS, dismissing RT and Linmas and terminating rice aid for residents who refused to vote for candidate pair number 03.
Furthermore, there was misuse of the APBD for free rapid test facilities for all witnesses for candidate pair number 03 but not for witnesses from other pairs of candidates.
Therefore, the verdict of the Lampung Province Bawaslu, which is based on witness statements, letter evidence and expert testimony, has been legally and convincingly proven to have violated the TSM election administration.
However, continued Yusril, candidate pair number 03 as the reported party who was sentenced to disqualification was given the opportunity by the provisions of article 135A number 6 of Law 10 of 2016 to file legal remedies for the cancellation to the Supreme Court.
The legal action is not later than 3 working days after the issuance of the Bandar Lampung KPU Decree.
In this regard, Yusril said that as the reporting party in the case, he had a direct legal interest in the legal action taken by candidate pair number 03 in the Indonesian Supreme Court.
Especially, so that the report on TSM violations that his party has conveyed can be enforced until it gets permanent legal force.
"We respect the legal process pursued by candidate pair number 03, but we are still of our stand as our report, which is also included in the consideration of the Lampung Province Bawaslu Decision, has been legally and convincingly proven to have violated the TSM election administration," he said.
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