Constitutional Court held a trial on Dispute over Regional Head Election of Donggala Regent, Central Sulawesi Province, Tuesday (11/11), at Panel Court Room of the Constitutional Court Building. Case No. 28/PHPU-D-VI/2008 was pleaded by Kasman Lassa-Ahmad Ariefianto pair. The election itself was won by Habir Ponulele-Aly Lasamaulu (Halal) pair by 35.5 percent of votes. Meanwhile Kasman Lassa-Ahmad Ariefianto pair at the second place attained 15.8 percent.

Principal Petitioner, Ahmad Ariefianto, accompanied by his Legal Counsel Hairun Daud S.H. made a claim against the decision of Donggala Regency Election Commission No. 278/168/KPU-KWK/2008 dated October 28, 2008 about the stipulation of Elected Regent and Vice Regent of Donggala 2009-2014. the thing used as the ground for this case was the participation of Sigi Regency in Donggala Election which, based on Act No. 27/2008, was no longer involved in Donggala Election.

Similar with other Regional Election cases, there were still many petitioners who did not understand the Constitutional Court authority in settling such cases. For that, Constitutional Justice, Muhammad Alim, explained that based on Article 3 paragraph (1) PMK No. 15/2008 someone who could sit as Petitionee was Regent/Municipality Election Commission or Provincial Election Commission. “So Election Watchers are not Petitionees, otherwise they are Related Party,” explained Alim. 

Related to Petitioners demand so that Regency Election Commission paid compensation to the trial fee expensed by the Petitioners, Alim reminded that parties having cases at the Constitutional Court did not pay any fee. “However, it is different for travel expenses of the Petitioners, that does not become the Constitutional Court responsible,” explain Alim.

The Petitioner, Ahmad Ariefianto, explained that he was ready for losing as the consequence in the election. However, if starting from the beginning of the process of the election event was not according to the procedure, the Petitioner questioned the validity of the result. Arief submitted evidences that there had been ignorance in the Decree for Holding Regional Election passed on a week before the legalization of Act No. 27/2008 about Forming of Sigi Regency in Central Sulawesi Province as area expansion from Donggala Regency. According to Arief, Sigi Regency should not have considered as balloting area for Donggala Election. “This makes some illegal votes,” explained Arief.

Responding to the information from the Petitioner, Petitionees Legal Counsel demanded that the Court not to waste time with Petitioner s claim which do not come under the Court s jurisdiction. However, Head of Justice Panel Board, Maruarar Siahaan, said, “Even though that is not the Court s authority, but the Court will not hold still if there is a fraud in the procedure of holding Donggala election,” he said. (Andhini Sayu Fauzia)
Photo: Doc. MK PR/Wiwik BW
Translated by YOGI DJATNIKA / MK

Tuesday, November 11, 2008 | 14:49 WIB 248