The Constitutional Court as an institution and its Chief Justice, Moh Mahfud MD, were in the dialogue expressing deceits in the East Java election in Madura region.

The dialogue, a taped telephone conversation used as one of the evidences, was between a witness for East Java Gubernatorial Election candidate Khofifah Indar Parawansa and Mudjiono (Kaji), Edy Sucipto, and the Head of Pesanggrahan Village, Kwanyar District, Bangkalan Regency - Moh Nizar Zahro. The recording was heard in the Constitutional Court s trial on Tuesday (25/11).

To Nizar, Edy wanted to know the indication of misconducts happened in Baepajung Village as the ballot had been marked before the election time. “Yes, that have been conditioned first, mas (polite address for young Javanese man),” answered Nizar.

Edy also asked about the zero votes for Kaji in Lo Pajung Village. “How come that harmoniously done until...the zero vote, how did that happen?” he wanted to know. Nizar answered, such thing was common since Late President Soeharto. “… I am sure if there is a reelection, especially in Baepujung, for example to be brought to the Constitutional Court, there is a reelection; the result will remain the same. Trust me. Even if the Headquarter (of army-ed.) was assigned, if (the people-ed.) from East Java were assigned, if spirits, angels apart from God Almighty were assigned (to guard the election-ed.), the result remains the same.” revealed Nizar.

During the conversation, Edy also asked Nizar s opinion provided that the problem was brought to the Constitutional Court. Nizar answered, “It’s like this mas Edy, my political prediction, the Court is Mahfud MD. He is from Sampang, Sir. He is very close to my boss, Fuad Amin. How ironic if Mahfud MD annuls Karsa s victory, I am convinced with my Boss political feeling, Mr. Fuad is sharp on his political feeling. I believe it still goes to Karsa. Even though, there is a reelection, it will be in indecisive vote centers.”

On this voice evidence, the Petitionee s side, East Java Election Commission, objected because it did not tell how many of Kaji votes lost. “There is no a single number mentioned (in the conversation) which shows that the Petitioner has lost their votes,” emphasized Fahmi Bachmid, The Petitionee s Legal Counsel.

Meanwhile the Related Party, through their Legal Counsel, Todung Mulya Lubis, stated that all parties attending the trial were not an expert in telematics. Therefore, his party demanded a telematic examination on the authenticity of the recording. “We are ready to do a validity test by presenting an expert in telematics,” answered Andi Asrun, The Petitioner s Legal Counsel, as he was ready to bring Witness Edy Sucipto back in the court.

On the demand to present an expert in telematics, Head of Justice Panel Board, Maruarar Siahaan, said that the Court would have to discuss this first in the Justice Meeting which would be attended by all nine Justices. However, before closing the trial, Maruarar scheduled the decision announcement for this case would be on Tuesday (2/12) at 16.00 WIB. “If the Justice Meeting agrees to hear information from an expert in telematics, then we will invite all parties for another trial before the Verdict readout trial is held,” concluded Maruarar.

After the trial, in a press conference, Chief Justice of the Constitutional Court said that he-by the permission from the Justice Meeting-demanded the recording to be played in the trial. “So it was on the request of the Justice Plenary Meeting and I asked for the recording to be heard so it was open and consequently, as evidence, if it appears in the Justices considerations, it has indeed been played in the trial,” explained Mahfud.

So far as the recording mentioned his name, Mahfud admitted that he was unaffected because the recording said that there would be someone making contact with him. “But nobody says I am in touch with another party,” he continued.

Mahfud stated that Fuad Amin was his relative as well as his close friend. “Every time I go to Madura, when I come to his house, he offers me something to eat. That is all,” said the Professor in Law Politics.

Mahfud also emphasized that he had closed the communication channel with anybody related with the cases in the Court. “I am closed for anyone. I even reject my guest if there is a relation to this case.” He exclaimed.

Commitment from Gubernatorial candidates
Before, in the second trial on Wednesday (19/11), the candidates in East Java Election had committed to obey the Court s decision for the establishment of democracy. Khofifah Indar Parawansa, expected the process of East Java Election would be accepted by all Indonesian people, especially the people in East Java.

This process of democracy, said Khofifah, was a way to get a honest,fair, and clean succession of leadership. “Therefore, when we together with our team filed this case to the Constitutional Court, we hoped that with all the evidences from various field data, we will find justice in the Court and we will have a process of democracy which is clean, honest, and fair in the future.” said Khofifah.

Principal Related Party, Soekarwo, said that democracy was built on legislation and everybody should bow to the existing regulation. Democracy, continued Soekarwo, had to be equivalent with obedience to law. “To all East Java people, let us follow the Court s decision. Whatever the Court decides is a final decision that we should follow, and we have to be open-hearted to accept the decision,” reminded Soekarwo.

Also commenting, the Head of East Java Election Commission, Wahyudi Purnomo, stated that this trial was of high importance and very strategic to show the people that East Java Commission had been working according to the procedure, according to general principles that, “The Election Commission is a neutral, professional, well-established, and independent institution.” expected Wahyudi. (Wiwik Budi Wasito)

Foto: Dok. Humas MK/Andhini SF

Translated by Yogi Djatnika / MK

Tuesday, November 25, 2008 | 18:09 WIB 221