The third trial on Makassar City Election was held in the Plenary Court Room of the Constitutional Court, Thursday (20/11), with hearing to information from witnesses and parties as the agenda. Eight witnesses attended the trial; six from the Petitioners and two others from the Petitionees.

The Petitioners, in this case No. 36/PHPU.D/2008, argued that during the election there were deceits in the recapitulation and undistributed many of the voter’s cards even some of the cards were sold.

A Petitioners witness, Haris Baginda, a voter from Tamalate District, said that he just received the invitation and the card a day before the election day, according to the regulation of the Election Commission he should have received them a week before the d-day. “Thank God, after I checked my neighbors, many of them had not received the invitation and the cards,” he explained.

With this incident Haris suspected that the fixed voters list had been randomized by the winner of the tender for printing the voter s cards. “This could be noticed by another voter living in the same District with me was moved to another Vote Center.” Haris said.

The restless incident questioned by Haris, was supported by the information from Neni, a citizen of Mariso District. The wife of the Head of neighbor association said that there were 15 people in her area did not get the invitation letters and voter cards. Besides that, her house were once visited by the people of Mariso District because they were promised to be given 50,000 rupiahs if they chose candidate No. 1 (Ilham Arief and Supomo), as told by someone named Abu, who was familiar to the witness. “After voting, a group of mass came to my house asking for the money promised by Mister Abu,” revealed Neni

Information from Petitionees witnesses
Not only did the Petitioners, the Petitionees also present two witnesses, Muchtar Jaya and Andi Megawati. According to Muchtar there were no peculiarities and troubles during the Election in Makassar City. “The Election had been conducted according to the existing regulation,” explained the Head of District Election Committee for Mariso District.

Similar to Muchtar, Andi Megawati as the Head of District Election Committee for Makassar District said, “in fact there were no complaints during the process of making the recapitulation s transcript of proceeding.” She explained.

However, after the Petitioners Legal Counsel, Irwan Muin, asked about the wrong format of the vote recapitulation in the District level and Electoral Committee Group caused by the vordsa: the total number of votes for Candidates of Governor and Vice Governor 2007, Muchtar answered, “We admit that there were out-of-context words,” he revealed.

After hearing to Muchtar, Constitutional Justice Akil Mochtar asked him, “How many formats have such defect?”

Muchtar answered only one format of recapitulation, but that was due to his party and the Election Committee Group concentrated with the vote recapitulation so much that they did not pay attention to the defect.

Akil emphasized, “Do you know whether or not the action you did bring a legal effect on counting you had done?”

“I do not think so, Your Honor,” he replied, because all the numbers and names in the form did not insert another name apart from the seven candidates.

Before closing the trial, Head of Justice Panel Board, Arsyad Sanusi, demanded both the Petitioners and the Petitionees to submit their conclusion containing analysis, responses, and objections. “You can deliver your argumentations on the information from witnesses of each party,” explained Arsyad.

The trial which also legalized the evidences from the Petitioners as well as the Petitionees would be continued on Thursday for Decision Readout. (Andhini Sayu Fauzia)

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

Friday, November 21, 2008 | 06:46 WIB 209
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