The Threshold For Difference In Voting Is Not Fulfilled In The Re-voting Lawsuit For The South Kalimantan Governor Election

South Kalimantan KPU commissioner Edy Ariansyah when delivering answers from the respondent, namely the South Kalimantan Provincial KPU in the second trial of the dispute over the results of the South Kalimantan Governor Election PSU in the Constitutional Court. (Photo: Antara)

JAKARTA - South Kalimantan KPU commissioner Edy Ariansyah said the 1.5 percent margin of difference was not met for the re-voting lawsuit (PSU) for the South Kalimantan governor's election, which was filed by candidate pair number 2 H Denny Indrayana-H Difriadi at the Constitutional Court.

"If it matches the 1.5 percent threshold, then the difference in votes is 25,535. While the difference between the parties concerned and the applicant is 39,945 votes or the equivalent of 2.35 percent. So Article 158 paragraph 1 letter B of Law Number 10 Year 2016 is not fulfilled," explained Edy when delivering answers from the respondent, namely the South Kalimantan Provincial KPU in the second trial of the dispute over the results of the South Kalimantan governor election PSU at the Constitutional Court, reported by Antara, Friday, July 23.

Edy said the applicant did not have the legal standing to file a dispute over the outcome because it did not meet the provisions of Article 158 of Law Number 10 of 2016.

Then in the argument submitted by the applicant, namely the matter in question regarding election violations and not a dispute over the results of the recapitulation of votes, according to the KPU, the applicant's argument is actually included in the criteria of Article 73 of Law Number 10 of 2016 concerning Elections which is categorized as an election violation so it is not a dispute over the results.

"So in our opinion, the court is not authorized to hear the a quo case," said the defendant's attorney, Hidzil Alim.

Meanwhile, on the subject of the response to the petitioner's argument, the KPU as the respondent conveyed a number of things which essentially rejected the arguments or accusations against the respondent, both related to the recruitment and determination of KPPS, scrutiny, and determination of DPT, DPTb, and DPTh as well as voter invitations which were not entirely distributed.

Edy believes that he has taken steps in accordance with the rules, paid attention to, and implemented Bawaslu's recommendations in the implementation of the PSU for the South Kalimantan gubernatorial election on June 9, 2021.

Furthermore, the related parties, namely candidate pair number 1 H Sahbirin Noor-H Muhidin through their legal counsel Andi Syafrani and M Imam submitted their rebuttal along with evidence for the arguments of the applicant's accusations against related parties both regarding the deployment of village apparatus bureaucracy and RT heads, money politics to intimidation and thuggery.

After listening to the answers and statements and ratifying the evidence from the respondent, related parties and Bawaslu, the Chair of the Panel of Judges Aswanto decided to postpone the trial to be further reported in the Judges Consultative Meeting.

"The panel will report to the Judges Consultative Meeting because the next decision will be the Judges Consultative Meeting," said Aswanto.