A conflict of authority between state institutions, Provincial Representatives (DPRD) versus Central Sulawesi Governor and the President of RI, cq. Minister of Internal Affairs was alarming since it might cause further horizontal conflict within Poso society. Therefore, the DPRD was asked to withdraw its petition in the Constitutional Court (MK) for the Peace in Poso. This request addressed by a number of informal leaders of Poso who were among the audience and were impacted indirectly by the conflict during the session on Wednesday, February 14, 2007 at 10:00Am in the Constitutional Court.
The session was to hear explanations from the Governor of Central Sulawesi, Regent and Vice Regent of Poso Region, Chair of Local Electoral Committee of Poso (KPUD Poso), and Informal Leaders as few of indirect victims.
The informal leader Drs. J. Santo asked the prime petitioner through his lawyer, if the petitioner has discussed this problem with Poso customary institutions. If not, Santo requested the MK Chairman to have the petitioner and the respondent meet to discuss a peaceful resolution traditionally, âbecause the people want peace.â
Meanwhile in his written reply, the Central Sulawesi Governor Habib Palu Uju, represented by his First Assistant Rais said that based on Chapter 24C the 1945 Constitution and Chapter 61 Law 24/2003 about the Constitutional Court, DPRD Poso has no legal standing because it is not included as one of state institutions whose authorities are guaranteed by the Constitution. He added that âaccording to an official statement from the State Court of Poso about the result of provincial executive election (Pilkada), there was no petition or any kind that rejected the result of the Pilkada.â
The Chair of KPUD Poso Yasin Mangun, S.Sos noted that KPUD gave 3x24 hours of time limit for reporting any complaint after the announcement of the electoral result. If no complaint, then the KPUD concluded that the result of the 2005 Pilkada was valid and could be submitted to the DPRD for further action. However, in the middle of the process of the inauguration of elected regent and vice regent Drs. Piet Inkriwang, MM and Abdul Muthalib Rimis, S.H., M.H, was postponed due to the rejection from DPRD Poso.
In responding to these various statements, the MK Chairman, Prof. Jimly Asshiddiqie, S.H. stated that MK would make two decisions: First, if the petitioner persisted in using the legal process; and Second, if the petitioner withdraws his appeal. âThese decisions are both formal and have consequences,â said the Chairman.
Before closing the session, Mr. Chairman allowed three weeks to both the petitioner and the respondent to submit their written conclusion with additional facts, if any. (NM)
Thursday, February 15, 2007 | 10:07 WIB 428