Constitutional Court held a trial for Case No. 29/PHPU-D/2008 about Election Counting Recapitulation Result and Decision of the Election Commission of Ogan Komering Ilir (OKI) Regency about Announcement of Elected Candidate for Regent and Vice of OKI 2008, Tuesday (11/11), at Plenary Court Room of the Constitutional Court.

The Petitioner of this case is Iskandar, SE and Kukuh Pudiyarto, candidate pair of Regent and Vice for OKI 2008. in the initial petition, the Petitioner explained that in the election process, there were many violation like money politic, public officer involvement, and intimidation. These things, according to the Petitioner, indicated that the voting and counting process in OKI election was legal defect.

In the petitum, the Petitioner demanded the Constitutional Court to announce that the election process was against the democracy principles as regulated in Act No. 32/2004 juncto Act No. 12/2008 on Regional Government, to ask the Petitionees (OKI Regency Election Committee) to repeat the election, to cancel the recapitulation of vote counting and the decision for announcing elected Regent and Vice, also decide that the correct vote counting is the one according to the Petitioner.

Candidate number 1, Iskandar Maliki and H. Iskandar Aidi, got 26,873 votes. Petitioner, candidate number 2, attained 160,395 votes. Candidate number 3, Hendri Faizal Damhari and Rahma Dewi H. A. Klaung, came up with 4,769 votes. Candidate number 4, Ishak Meki and H. Engga Dewata Zainal, got the most votes 190,425.
at the initial examination, Monday (10/11), Head of Justice Panel Board, Abdul Mukthie Fadjar, explained the Petitioner that Constitutional Court was not authorized to examine and decide violations in various stages of the Regional Election. “The relevant Petitum is to cancel the counting result of the election and to state that the correct result is the one according to the Petitioners,” explained Mukthie.

Responding to the advice from the Constitutional Justice Board, in the improved Petition, the Petitioner inserted the vote result of the Petitioner version that was, Candidate No. 1 = 37,600 votes, candidate No. 2 = 155,233 votes, candidate No. 3 = 4,796 votes, and candidate No. 4 = 86,879 votes.

On this improvement, Mukthie advised the Petitioner not only to base the Petitum merely on claims, but it should also be supported by evidences like document letters until witnesses. Witness, as regulated in Article 11 of the Constitutional Court Regulation, is someone who sees, hears, or experiences the troublesome counting process oneself. (Wiwik Budi Wasito)

Photo: Doc. MK PR/Wiwik BW

Translated by YOGI DJATNIKA / MK

Tuesday, November 11, 2008 | 20:01 WIB 217