FIRST ELECTION DISPUTE DECISION: THE CLAIM UNACCEPTABLE
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Even though Ali Usman and Fahrun Paturusi were really participant of Regional Election in Pinrang Regency and the object of the claim was the object in Election Dispute Jurisdiction, the claim submitted had passed the deadline set; and as the result, the Petition of Candidate pair No. 3 was announced unacceptable.

That was announced by the Constitutional Court in the trial for Decision Readout for case No. 40/PHPU.D-VI/2008, Thursday (20/11), at the Constitutional Court Plenary Room. This was the first decision for cases about dispute over Regional Election result at the Constitutional Court after the transfer of authority from the Supreme Court to the Constitutional Court, (29/10).

According to the Court s ruling, the claim submitted by the Petitioners was an objection on the Petitionees Decision, Pinrang Election Commission No. 55/2008 about the Announcement of Elected Candidate in Regent and Vice Regent Election of Pinrang Regency 2008 dated November 3, 2008. The objection was caused by the Petitioners were announced to receive only 31,430 votes and sat on the third rank. The Petition was received by the Registrar of the Constitutional Court on November 13, 2008.

The Petitioners claim said that one of the evidences were the Decision of the Petitionees dated November 7, 2008 as attachment to the Petitionees Decision dated November 3, 2008.

The Constitutional Court, in the legal consideration, revealed that the Petitionees exception in their rebuttal dated November 19, 2008 which in short stated that the Petitioners claim had been beyond the deadline. From the evidences the Petitionees submitted, the decision mentioned was dated November 3, 2008. In the trial conducted on November 19, the truth of the evidence was also admitted by the Petitioners.

The Stipulation in Article 106 paragraph (1) of Act on Regional Government No. 32/2004 in conjunction with Act No. 12/2004 on the Second Amendment of Act No. 32/2004 on Regional Government indeed says, ”Objections on the announcement of result of regional head and vice head election can only be done within 3 (three) days after the announcement of the result of the regional head and vice election”.

Article 5 paragraph (1) of the Constitutional Court Regulation also says, “the File for annulling the result of the recapitulation of election result is submitted to the Court within 3 (three) working days after the Petitionees announce the recapitulation result of the election in the related region.”

”Hence, between the submission of the claim and the 3 (three) working days limit after the Petitionees announce the result of the regional election, the Petitioners objection claim have passed the deadline arranged in Article 5 paragraph (1) of the Constitutional Court Regulation No. 15/2008,” explained Constitutional Justice Achmad Sodiqi in reading the Decision consideration.

Therefore, the Head of the Constitutional Justice Board, A. Mukthie Fadjar, prounced the Petitionees exception was granted and the Petitioner s claim was considered unacceptable. (Luthfi Widagdo Eddyono)

Photo: Doc. MK PR/Ardli N

Translated by Yogi Djatnika / MK


Thursday, November 20, 2008 | 13:51 WIB 263
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