The Constitutional Court decided to rule out the entire claims from Sjamsuddin Zainal and Djahini, Candidate No. 6 For the Regent of Jeponto, South Sulawesi, 2008. That was announced at the Verdict Announcement trial for case 38/PHPU.D-VI/2008, Monday (24/11), at the Constitutional Court Room.

The Petition filed was about the objection on the Announcement of the General Election Commission of Jeneponto (Petitionee) No. 77/P.KWK-JP/XI/2008 about the Announcement of Elected Candidate for Jeneponto Regent 2008 dated November 6, 2008. The objection was based on the claim from Sjamsuddin Zainal and Djahini that they had been mistakenly stated to gain 66,189 votes, and had to sit in the second place under Radjamilo and Burhanuddin Baso Tika (the winner) who got 100,434 votes.

One of the arguments proposed by Sjamsuddin Zainal and Djahini was that there had been a reduce in the votes attained by the Petitioners as many as 35,280, which was the number of voters who did not receive the invitation or election cards in Jeneponto Regency, and claimed to be their supporters. Therefore, that number should have been included in the total number of votes for the Petitioners. Consequently, Sjamsuddin Zainal and Djahini would have received 66,189 and 35,280 more to make it 101,469 votes. That could change the position in vote chartlist and set the Petitioner as the elected candidate.

According to the Court, the argument was not supported by valid evidences claiming that the 35,280 votes questioned would choose the Petitioners. “Even though witnesses presented by the Petitioners have given valid evidences on the fact that there were voters who did not receive the invitation or voter cards, but it does not automatically make the number counts for the Petitioners votes,” explained Constitutional Justice Maria Farida Indrati.

Furthermore, according to the Court, in the event that the condition indeed had happened, it would not have been significant enough to change the position of Candidate No. 5 in the chart list and made the Petitioners as Elected Candidate. “Because the Petitioner s votes reduce claimed to be the effect of 35,280 voters not using their rights due to not receiving the invitation or voter cards, it does not automatically go to the Petitioner. That is merely based on asumption, which should have been supported by valid evidences,” explained Maria.

In other words, even though there were voters not receiving invitation or voter cards in Jeneponto Regency Election on October 28, 2008, the votes could not automatically be considered as votes for the Petitioner. “The vote reduce as many as 35,280 which becomes the Petitioner s priveledge can not be proved,” stated the Chief Justice of the Constitutional Court, Moh. Mahfud MD, as he read the Conclusion of the Decision. The Constitutional Court was immediately ruled out the Petitioner s claim entirely. (Luthfi Widagdo Eddyono)

Photo: Doc. MK PR/Andhini SF

Translated by Yogi Djatnika / MK