MAKASSAR CITY ELECTION DISPUTE. PETITIONER NOT TO BASE ON ASUMPTION
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Constitutional Court held the first trial on Dispute over Election Result in Makassar City, Friday (14/11), at the plenary court room. The trial was scheduled for initial examination. The Petitioners, among others, were Drs. H.M. Ilham Alim Bachrie, MBA and Herman Handoko candidate number 7, Firmansyah Mappasang and Kasma F. Amin candidate number 5, Ir. H. ridwan Syahputra Musagini and Irwan A. Paturusi candidate number 4, and lastly H. A. Idris Manggabarani and H. A. Muh. Adil Patu, candidate number 2, accompanied by their Legal Counsels, DR. Kamri Ahmad, S.H., M.H., Hasman Usman, SH., MH, Muh. Burhanudin, SH, and Irwan Muin, SH.MH.

In their Petitum, the Petitioners filed their objections on the transcript of proceeding for the recapitulation of Mayor and Vice Election in Makassar City No. 270/138/P.KWK-MKS/XI/2008 about the Announcement of Elected Mayor and Vice for 2009-2014 term, (4/11).

The Petitioners argued that in the election event there had been deceits in the counting process and many of the election cards which were not given to the person and in fact they were used as transaction.

Responding to the claim from the Petitioners, Head of Justice Panel Board, Dr. H.M. Arsyad Sanusi, S.H., M.Hum, explained that the Procedural Law in Dispute over Result of Regional Election cases only related to the announcement of elected candidate and vote recapitulation, “consequently, prepare everything well, the evidences, petition, and witnesses,” explained Arsyad.

Besides that, Constitutional Justice H.M. Akil Mochtar, S.H., M.H., said that the Petition filed by the Petitioners were still unclear. This can be seen from the assumptions found within the Petition. “Posita and Petitum that you claim, according to the Justices are still not to the point,” explained Akil, therefore the Petitioners were asked to modify their Petition and also to attach the location of the vote centers where the vote marking-up took place.

Before closing the trial, one of the Petitioners Legal Counsels, Irwan Muin, SH requested the Constitutional Court to use the teleconference facility. “If it does not bother the Justices, we are asking to use the long-distance communication device to hear information from witnesses,” pleaded Irwan.

However, Arsyad Sanusi explained that the universities appointed by the Constitutional Court, in total of 34 State Universities throughout Indonesia, were not ready both the human resources and the rooms. “Actually the Constitutional Court have provided the devices needed. Maybe some time after December the teleconference facility could be used,” revealed Arsyad.

The next trial would be conducted on Tuesday (18/11) at 15.00 WIB, with Examination of Modified Petition as the agenda. (Andhini Sayu Fauzia)

Foto: Dok. Humas MK/Ardli N

Translated by Yogi Djatnika/MK


Friday, November 14, 2008 | 12:07 WIB 252