The Constitutional Court held the second trial on the Dispute in North Tapanuli Election, Wednesday (3/12), in the Plenary Court Room with examining Improved Petition and Hearing The Petitionee s (North Tapanuli Election Commission) rebuttal. Case No. 49/PHPU.D-VI/2008 was pleaded by Candidate pair No. 2 in the Election, Roy Mangotang Sinaga and Djunjung Pangondian Hutauruk (Petititoner I) also Candidate pair No. 3, Samsul Sianturi and Frans A. Sihombing (Petitioner II).

The Petitioners, in their improved lawsuit, claimed against the Decision of North Tapanuli Election Commission No. 25 dated November 23, 2008 about the Announcement of Elected Candidate in North Tapanuli Regent and Vice Regent Election 2008 with the result as follow:
1. Torang Lumban Tobing and Bangkit Parulian Silaban: 46,645 votes
2. Roy Mangotang Sinaga and Djundjung Pangondian Hutauruk: 20,300 votes
3. Samsul Sianturi and Frans Anthony Sihombing: 31,800 votes
4. Sanggam Hutapea and Londut Silitonga: 20,465 votes
5. Wastin Siregar and N. Soaloon Silitonga: 5,067 votes
6. Edward Sihombing and Alpha Simanjuntak: 12,387 votes

Total number of votes: 136.664

However, according to the Petitioners counting, it should have been:
1. Torang Lumban Tobing and Bangkit Parulian Silaban: 20,554  votes
2. Roy Mangotang Sinaga and Djundjung Pangondian Hutauruk: 20,300 votes
3. Samsul Sianturi and Frans Anthony Sihombing: 31,800 votes
4. Sanggam Hutapea and Londut Silitonga: 20,465 votes
5. Wastin Siregar and N. Soaloon Silitonga: 5,067 votes
6. Edward Sihombing and Alpha Simanjuntak: 12,387 votes

The total number of votes: 110,573

Accordiing to the Petitioners, based on the field data found, the difference in Petitioners counting and the one from the Petitionee was due to the fact that the Petitioners found a proof showing double Citizen number as many as 26,091 found in 14 out of 15 Districts in North Tapanuli region.

For that, in their improved lawsuit, the Petitioners demanded the Court to grant their claim and announced Candidate No. 3 as the elected candidate. However, should the Court, decides differently, THe Petitioners demanded the Court to order the Petitionee to do a re-election in Pahae Julu, Garoga, Pagaran, Soborong-borong, Simagumban, Parmonangan, Paha Jae, Pangaribuan, Sipahutar, Sipoholon, Adian Koting, Siatas Barita, Purba Tua, and Tarutung District.

On the claim, the Petitionee through their Legal Counsel, demanded oppositely, to plea before the Constitutional Court to reject the Petitioners claim because the Court was only authorized to examine the recapitulation result. “Besides that, there is no need to have two Petitioners if (the Court) only let one Petitioner win.” said Nur Alamsyah, The Petitionee s Legal Counsel. (Wiwik Budi Wasito)

Photo: Doc. MK PR/Denny Feishal

Translated by Yogi Djatnika / MK