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Article 58 letter f of Act No. 32/2004 indicated that an individual having been sentenced more than 5 years imprisonment could not participate as a candidate in regional election. The stipulation was used by the Petitioner, H. Reskan Effendi-Dr. drh. Rohidin Mersyah, MMA, as the ground for their claim against the Decision of the South Bengkulu Election Commission No. 59/2008 which announced candidate pair H. Dirwan Mahmud, S.H. and H. Hartawan, S.H. as elected candidate in Second Round South Bengkulu Election 2008, in the trial for Dispute over South Bengkulu Election Result, Friday (19/12), at the Plenary Court Room of the Constitutional Court.
 
Through the Legal Counsel, Andi M. Asrun, the Petitioner presented several witnesses to support their argument that H. Dirwan Mahmud, S.H. was once undergone a 7 year imprisonment sentence, from 1985 to 1992, in Cipinang Penitentiary, East Jakarta. The first witness presented, M. Zayadi, revealed that he believed that he had spent some time together  with Dirwan Mahmud behind bars in that first class penitentiary for different cases. The witness also claimed that during the imprisonment, Dirwan Mahmud, a convict in murder case he committed in East Jakarta jurisdiction, used an alias. “At that time, Dirwan Mahmud used Roy Irawan bin Mahmud Amran, or commonly called Roy as his alias.” explained Zayadi who went behind bars for bomb attack in Jakarta 1984.  
 
To support the truth of the information given by the witness, Constitution Justice M. Akil Mochtar questioned how the witness could identify that Roy Irawan he knew backthen was the same person as Dirwan Mahmud. The witness explained, “There was a friend showing me the picture.”
 
Another witness presented by the Petitioner also supported the information from Zayadi who taught Roy Irawan how to read Al-Quran. Haryanto, or Yan for short, once also spent time at the same jail. He admitted that he had known Dirwan Mahmud long before they went to prison because they were originated from the same area. “When we first met, I called him Wan. He walked approaching me (and said), “Yan, my name is Roy Irawan here” so he first stated it.” He explained. 
 
Apart from the question whether or not Dirwan Mahmud the same person with Roy Irawan, an ex conman in Cipinang Penitentiary, Constitutional Justice Panel Board lead by Prof. Maria Farida Indrati also heard information from witnesses who explained violations commonly happened in regional election. As often, witnesses explained about the existence of money politic practices and other violations related with the voters, for example: voters listed for the first round of the election but not in the second round also voters with multiple ballots.
 
Besides hearing to Witnesses from the Petitioner s side, Constitutional Justice Board also heard the reply from the Petitionee and Related Party on the claims made by the Petitioner, apart from legalizing list of evidences. The trial then continued on Monday (22/12) at 11.30 WIB scheduled to hear information from Petitionee s and Related Party s Witnesses as well as submitting conclusions from each party involved. Before closing the trial, Head of Justice Panel Board, Maria Farida Indrati clearly emphasized all party not to come late. “I inform you not to come late because the trials at the Constitutional Court are on time,” she reminded. (Yogi Djatnika)
 
Photo: Doc. MK PR/Wiwik BW
Translated by Yogi Djatnika / MK

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