Regional Head Elections Are Proud To Be Legally Defected, The Constitutional Court Must Decide A Winner Without A Re-voting

Simultaneous Pilkada Illustration (ANTARA)

JAKARTA - The Constitutional Court (MK) has again accepted a dispute over the results of the re-voting (PSU) for the Banggai Regency Regional Head Election, Central Sulawesi. Legal expert Abdul Chair Ramadhan suggested that the Constitutional Court decide the winner without the need to re-vote to maintain legal certainty and the effectiveness of the government.

According to Abdul Chair, the victory of pair number 01 as well as incumbent Amiruddin-Furquddin Masulili in the re-election of the Regent and Deputy Regent of Banggai Regency was legally flawed. The reason is, the couple committed allegedly structured, systematic, and massive violations (TSM).

"That, the violation committed by the incumbent was due to the dominant position that existed to him and was used in a structured, systematic and massive manner and therefore won himself illegally and against the law," said Abdul Chair, Tuesday, April 22.

"This action is clearly against its obligations, contrary to the rights of others and contrary to the applicable laws and regulations," he continued.

The general chairman of the Indonesian Law Postgraduate Doctors Association said that another violation committed by the incumbent was money politics, utilizing local government programs and activities, intimidating, covert campaigns.

"In terms of criminal law, the actions committed are qualified as a form of intent with the intention. Both the actions and the consequences are known and desired. In it is contained bad faith and is against the law," he said.

Abdul Chair said that repeatedly violations committed by incumbents were no longer needed in the process of re-voting. Because he said, repeated re-voting would certainly lead to legal uncertainty.

In addition, he added, it also injures the sense of justice. He said such conditions contradicted the axiology of 'fair legal certainty' as adopted by the 1945 Constitution.

"That, the Constitutional Court should immediately decide on the party that gets the second most votes as the winner in the election for the Regent and Deputy Regent of Banggai Regency. Likewise in similar cases," said Abdul.

Previously, the KPU confirmed that the results of the PSU in seven regions were again sued to the Constitutional Court, including Banggai Regency. The other six areas are Puncak Jaya Regency (Central Papua), Siak (Riau), North Barito (Central Kalimantan), Buru (Maluku), Taliabu (North Maluku), and Talaud Islands (North Sulawesi).

"We have received applications from seven districts and cities. We did not provide substantive comments, but the request was indeed submitted," said KPU member August Mellaz, in Jakarta, Tuesday, April 15.