The Constitutional Court announced that the claims of Djakaria Machmud and Arief  Natadiningrat, Candidate No. 3 for Regent Election in Cirebon Regency, was refused entirely. That was delivered by the Constitutional Court in the trial for Decision readout for case 30/PHPU.D-VI/2008, Monday (24/11), in the Court s Plenary Room.

Cirebon Election Commission had announced the recapitulation result for each candidate, candidate 1 Sunjaya Poerwadi S. and K. Abdul Hayyi got 102,669 votes, candidate No. 2 Dedi Supardi and H. Ason Sukasa received 477,143 votes and candidate 3 Djakaria Machmud, and Arief Natadiningrat came out with 365,554 votes. Despite that, the Petitioner claimed that the counting had been wrong, one of the reasons was many of his supporters could not use their rights to vote after not getting the voter cards and/or they were not listed in the Fixed Voters List. The Petitioner s supporters who could not asses their rights reached 114,230 votes.

Besides that, the Petitioner argued that there had been a mistake in the vote recapitulation, intimidation, violation acts, money politics, the voters who did not use their rights and many illegitimate people to vote eventually cast the ballot on October 26, 2008.

Responding to that, according to the Constitutional Court, there had not been enough convincing evidences from the Petitioners as required by the law, especially due to the lack of witnesses from the Petitioner s side attending the event of recapitulation in every Vote Center.

”The absence of witnesses and records, in Head of Election Organizer Committee, District Election Committee, and in Cirebon Election Commission to object immediately on the mistake found in the recapitulation or misconduct as mentioned in Article 103, Article 104, and Article 105 of Act No. 32/2004 about the Regional Election, also Article 90, Article 91, and Article 92 of Government Decree No. 6/2005 about Election, Legalization, Inauguration and Dismissal of Region Head and Vice Head give a meaning that the Petitioner fails to prove the arguments on their objection,” stated Constitutional Justice Arsyad Sanusi.

Moreover, the Court stated that if there was indeed misconduct, reduce in votes, administrative mistake, intimidation, and money politics done by certain people including other candidates in the election, or the organizing committee of Cirebon Regency Election, The Petitioner could submit a report to the Election Watchers Committee in Cirebon Regency according to the authorities of the commission and the administrative ones was followed up to the Election Commission.

“Because the arguments from the Petitioner can not be proved convincingly, the Petitioner s claims have to be rejected entirely,” concluded the Chief Justice of the Constitutional Court, Moh. Mahfud MD. (Luthfi Widagdo Eddyono)

Foto: Dok. Humas MK/Ardli N

Translated by Yogi Djatnika / MK

Monday, November 24, 2008 | 16:34 WIB 182