---

Constitutional Court held the second trial for dispute over Election result of Luwu Regency, South Sulawesi, Monday (17/11), scheduled to examine the Improved Petition. Case No. 33/PHPU.D-VI/2008 was filed by Regent Candidate No.1, Basmin Mattayang and Buhari Kahar Muzakkar.

Based on the Announcement Letter No. 46/P.KW-K-LW/11/2008, Luwu Election Commission announced that candidate No. 1 reached 57,977 votes. Candidate No. 2, Andi Muzakkar dan Syukur Bijak got 83,058 votes. Candidate No. 3, Amir Kaso and Syamsul Sabbea, achieved 15,398 votes. Candidate No. 4, Rischal A. Pasombo and Sahardi Mulia, won 18,923 votes.

However, according to the Petitioners as mentioned in the improved Petition, the Petitionees recapitulation was not according to the existing fact because of the significant difference in the counting due to the difference of number of legal votes from Voting Centers was more than the total legal votes in 19 Districts. The total difference in the number of votes was 32,354.

According to the Petitioners, the 32,354 votes gap was illegal which had to be reduced from the votes attained by the candidate pair No. 2 and consequently, the correct total number of legal votes for them was 50,704 votes or approximately 35,46%, meanwhile the number of votes that went to the Petitioners was 57,977 or 40,54%. “The percentage is similar to the result of a survey conducted by Indonesian Survey Institution dated 7th until 14th of September 2008,” said the Petitioners Legal Counsel, Nasirudin Pasigai.

For that, the correct recapitulation according to the Petitioners was candidate No.1 got 57,977 votes. Candidate No. 2 reached 50,704 votes. Candidate No. 3 collected 15,396 votes and candidate No. 4 achieved 18,923 votes.

In the Petitum of their file, the Petitioners demanded the Constitutional Court to annull the Recapitulation Result announced by the Petitionees and cancelled the Petitionee s letter No. 46/P.KW-K-LW/11/2008 dated November 4, 2008 about the announcement of Elected Candidate of Luwu Election in 2008.

The Petitioners demanded the Constitutional Court to stated and set the correct recapitulation was the one according to the Petitioners, also demanded the Court to order the Petitionees announcing the Petitioners Drs. H. Basmin Mattayang, M.Pd dan Ir. H. Buhari Kahar Muzakkar, MM. as elected Regent and Vice of Luwu Regency for 2009-2014 period.

Responding to the petitum, the Petitionees through their Legal Counsel stated that there was never a bloating of votes. Based on the Government Decree No. 6/2005, the Petitionees declared that the fixed voters list for each voting center was maximally 600 voters. “For that, it is not a violation if in each voting center there are more than 300 voters,” said Martinawam.

Besides that, the Petitionees also claimed that the percentage result of votes resulted by a survey institution was not an authentic evidence. “Moreover, the survey was done 45 days before the D-day of the election. That can not be used as legitimating,” emphasized Marti. For that, in their exception, the Petitionees demanded the Constitutional Court to refuse the Petitioners claim and stated the decision of the Election Commission was legal.

The next trial would be held on Wednesday (19/11) at 17.00 WIB. (Wiwik Budi Wasito)

Foto: Dok. Humas MK/Yogi Dj

Translated by Yogi Djatnika / MK

---