Muhamad-Sara's Lawsuit Regarding The South Tangerang Regional Head Election In The Constitutional Court

Muhamad-Sara's lawsuit against the results of the South Tangerang regional election was rejected by the Constitutional Court because they did not meet the threshold for the difference in votes

JAKARTA - The dispute over the results of the Election of the Mayor and Mayor of South Tangerang, filed by Muhamad-Rahayu Saraswati Djojohadikusumo, was not accepted by the Constitutional Court (MK). The lawsuit was rejected because it did not meet the threshold for difference in votes.

Constitutional Justice Enny Nurbaningsih in the trial said that from the total population of South Tangerang of 1,294,343 people, the applicable threshold was 0.5 percent of valid votes.

For this reason, the difference in votes between the applicant and the pair winning the most votes may not be more than 2,879 votes.

Meanwhile, the difference between the votes of the pair Muhammad-Rahayu Saraswati Djojohadikusumo and the pair Benyamin Davnie-Pilar Saga Ichsan was 30,425 votes or 5.28 percent.

"The applicant does not fulfill the provisions for filing an application as referred to in Article 158 paragraph (2) letter d of Law Number 10 of 2016," said Enny Nurbaningsih reading out the legal considerations.

By not meeting this threshold, the Constitutional Court judged Muhammad-Rahayu Saraswati Djojohadikusumo to have no legal standing. However, even if the applicant has legal standing, the Constitutional Court considers the arguments presented by the petitioner to be legally groundless.

The arguments presented by the pair Muhammad-Rahayu Saraswati Djojohadikusumodi included manipulative acts that were full of structured, systematic and massive violations (TSM) in the implementation of the South Tangerang Regional Election.

It was argued that the TSM violation involved the South Tangerang City Government, including in the form of distribution of Baznas funds to win the candidate pair number 3 Benyamin Davnie-Pilar Saga Ichsan. Based on this argument, the petitioner asked for a re-voting (PSU) in all polling stations (TPS) in South Tangerang.