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The Constitutional Court held a trial for initial examination for case about dispute over Election Result in North Tapanuli, Monday (1/12), at the Plenary Court Room. The Case No. 49/PHPU.D-VI/2008 was pleaded by Roy Mangotang Sinaga and Djunjung Pangondian Hutauruk pair (Petitioner I) also Samsul Sianturi and Frans A. Sihombing pair (Petitioner II).

The Petitioners claimed against the Decision Letter from North Tapanuli Election Commission (Petitionee) No. 25/2008 about the Announcement of Elected Candidate for North Tapanuli Regent and Vice 2008 won by candidate No. 1, Torang Lumban Tobing and Bangkit Parulian Silaban with 46,645 votes or 34.13 percent of the total legal votes.

The Letter was signed by the Head of the North Tapanuli Election Commission himself. Actually, the Parliament of North Tapanuli, the Election Watcher Committee and the Election Commission had made suspended the recapitulation result until there was a court s verdict having solid legal power. The Petitioner considered that the action taken by the Head of North Tapanuli Election Commission was illegal.

Besides that, the Petitioners also considered the stages in the election process had violated the law, for example, the Fixed Voter List had been set by the Election Commission before the establishment of the Election Watcher Committee of North Tapanuli as the result, and the List was illegal. Second, there was a substitution, modification, deletion, addition and the creation of double citizenship number in the List by the incumbent Regent of North Tapanuli.

In their Petitum, the Petitioners demanded the Court:

In a provisional decision:

1. To declare legal the Letter from North Tapanuli House of Representatives No. 170/1395/DPRD-TU/2008, which suspended the recapitulation result of the North Tapanuli Election 2008 until a Court s decision with firmed legal ground (inkracht van gewijsde)was issued.

2. To declare legal the Letter from the Election Watchers Committee of North Tapanuli No. 226/Panwaslu Pilkada/Taput/X/2008, dated OCtober 31, 2008, which suspended the recapitulation result of the North Tapanuli Election 2008, until a Court s decision with firmed legal ground was issued.

3. To declare legal the Letter from North Tapanuli Election Commission No. 2026/KPU-TU/XI/2008 dated November 5, 2008 which suspended the recapitulation result of North Tapanuli Election 2008 until a Court s decision with firmed legal ground was issued.

For the Final Decision:

1. To grant the entire claims of the Petitioners.

2. To declare legal the Letter from North Tapanuli House of Representatives No. 170/1395/DPRD-TU/2008, which suspended the recapitulation result of the North Tapanuli Election 2008 until a Court s decision with firmed legal ground (inkracht van gewijsde)was issued.

3. To declare legal the Letter from the Election Watchers Committee of North Tapanuli No. 226/Panwaslu Pilkada/Taput/X/2008, dated OCtober 31, 2008, which suspended the recapitulation result of the North Tapanuli Election 2008, until a Court s decision with firmed legal ground was issued.

4. To declare legal the Letter from North Tapanuli Election Commission No. 2026/KPU-TU/XI/2008 dated November 5, 2008 which suspended the recapitulation result of North Tapanuli Election 2008 until a Court s decision with firmed legal ground was issued.

5. to declare the Decree No. 25/2008, dated November 23, 2008, from the North Tapanuli Election Commission was illegally premature and did not have a legal power.

Responding to the petitum, a member of Justice Panel Board, Arsyad Sanusi, explained that the Constitutional Court was unauthorized to examine the decree letter because it was under the jurisdiction of the Court of Jurisprudence Dispute. Based on the Court s Regulation No. 15/2008 about the procedure for holding a trial for dispute over election result, “The Court is authorized to settle the dispute over the recapitulation result of regional elections,” explained the Head of Justice Panelo Board, Akil Mokhtar.

Because of that, the Justice Board gave time to the Petitioners until Tuesday (2/12) at 12.00 WIB to submit their improved Petitions alongside with their evidences and witnesses also the physical evidences of the documents. “This also applies to the Petitionee, the Election Commission,” told Akil.

The Trial would be continued on Wednesday (3/12) at 15.00 WIB scheduled to hear to the Petitionee s rebuttal as well as examining evidences and witnesses. (Wiwik Budi Wasito)

Photo: Doc. MK PR/Denny Feishal

Translated by Yogi Djatnika / MK

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