"The petitionee (KPU) unilaterally opened the ballot boxes despite the fact that it has an obligation to keep and maintain them. In opening the boxes, it should have observed the existing norms. Therefore, it has committed a violation," MK Judge Anwar Usman stated while reading out the courts legal consideration in the presidential election result dispute case here on Thursday.
However, Anwar pointed out that the matter does not concern voter turnout, so it is beyond MKs jurisdiction.
"If it is an ethics issue, it will come under the authority of the Election Organizers Ethics Council (DKPP) to deal with it in court," he emphasized.
He stressed that although opening of the ballot boxes for finding credible pieces of evidence is a violation, however, taking the evidence was considered legal.
"Attaining pieces of evidence (opening boxes) according to the MK based on a request and on the basis of inviting the Election Supervisory Committee (Panwaslu) and witnesses from the police is in line with MKs decision," he added.
The opening of the ballot boxes is disputed by the petitioner (the Presidential and Vice Presidential Candidate Prabowo-Hatta pair).
The petitioner is of the view that the KPU has tampered with the evidence by opening the boxes and by releasing a KPU circular No. 1446 on July 25, 2015.
The Prabowo-Hatta duo has filed a dispute on the presidential election results with the MK alleging structured, systematic, and massive election fraud during the implementation of the 2014 presidential election.