The announcement of the recapitulation result from Polewali Mandar (Polman) Election won by Ali Baal Masdar-Nadjamuddin Ibrahim (ABM NA) was brought to the Constitutional Court by Aladin S Mengga-Amin Manggabarani (Al-Amin). The case No. 35/PHPU.D-VI/2008 was held on Tuesday at the Constitutional Court Building, Jakarta.

In the trial for examining improved Petition, Al-Amin Legal Counsel, Muhammad Hatta accused Polman Election Commission having marked up the votes in the election held on last October 16. The number of votes marked up according to the Petitioners were about 3,326 votes. The Petitioners also refused the result of the recapitulation because they considered the Election Commission had done a violation due to the mismatched number of votes before the election and the leftovers after the election at the same time, the Election Commission also issued two Voters Lists legalized at different times.

“As the result, there were 20,000 names in the List who could not cast their vote,” revealed Hatta. To support their claim, Al-Amin pair had submitted 24 evidences and planned to present 6 witnesses.

However, all claims were denied by Polman Election Commission by stating that the announcement of recapitulation result in the Subdistrict level came from all Vote Center. “How can there be a mark-up in the votes when the announcement of recapitulation result was attended by all witnesses including the Petitioners witnesses,” said Nursalim, Polman Election Commission Legal Counsel.

The Commission also considered the objections argued by the Petitioners did not come under election dispute jurisdiction as regulated by Constitutional Court Regulation No. 15/2008. therefore, the Commission as the Petitionees pleaded the Court not to accept the Petitioners claims.

Board of Constitutional Justice lead by Maria Farida Indrati and Constitutional Justice Konstitusi H.M. Akil Mochtar and M. Arsyad Sanusi as members demanded both parties to prepare evidences and witnesses supporting their arguments.

Based on the Commission s recapitulation, Polman Election done in mid October 2008 won by candidate pair ABN MA with 78,191 votes (41,87%). Meanwhile Al-Amin pair came second with 59,167 (31,69%). [Ardli N]

Photo: Doc. MK PR/Yogi Djatnika
Translated by Yogi Djatnika