MAKASSAR CITY ELECTION, THE COURT REJECTED THE PETITION
Image


The Constitutional Court stated the claims from four candidate pairs in Makassar City Election on the Transcript of Proceeding of the Recapitulation Result in Makassar Municipal Election in conjunction with the Transcript of Proceeding of the Plenary Session of Makassar Election Commission No. 270/138/P.KWK-MKS/XI/2008, about the Announcement of Elected Candidate for Makassar Mayor 2009–2014,  were rejected entirely. That was announced in the decision readout trial for case 36/PHPU.D-VI/2008, Thursday (27/11), at the Main Court Room.

The candidate sitting as the Petitioners were Ilham Alim Bachrie and Herman Handoko candidate pair, Firmansyah Mappasawang and Kasma F. pair, Ridwan Syahputra Musa Gani and Irwan A. Paturusi, also Andi  Idris Manggabarani and Muh. Adil Patu pair.

They argued that the recapitulation result issued by Makassar City Election Commission was based on the false data and facts due to violations in the process of election; the invitation, the location of vote centers, and Voter s card being given two days prior to the election, so that 50 percent of the voters did not receive them; Voter cards being placed and stacked in improper place; Letter of notification being sold; double voting; and money politics. To support their arguments, the Petitioners had submitted proof snf witnesses.

Responding to that, the Constitutional Court stated that the Petitioners failed submit the authentic and hierarchial evidence on the recapitulation as contra examination (tegen bewijs) towards the counting done by the Election Commission. ”The evidences submitted by the Petitioner and the information from six witnesses presented by the Petitioners were not convincing enough because it did not affect the recapitulation result significantly,”announced Constitutional Justice M. Arsyad.

In other words, the letters used as evidences and the witnesses information brought by the Petitioner was not enough to prove the mistake and violation in the recapitulation result for each candidate in Makassar Election.

”Therefore the Petitioners fail to prove the arguments and reasons for their claims, because of that the Announcement of Recapitulation Result in Makassar City Election 2008 No. 270/138/P.KWK-MKS/XI/2008 was legal according to the law,”said the Head of the Trial, A. Mukthie Fadjar. (Luthfi Widagdo Eddyono)

Photo: Doc. MK PR/Andhini SF

Translated by Yogi Djatnika / MK


Thursday, November 27, 2008 | 13:40 WIB 224