The Petitioner s claim was considered obsecure due to the unclarity of the content also the recapitulation result which was based on mere assumption. That was said by the Petitionee s Legal Counsel, The Greater Kubu Election Commission (The Commission), in the dispute over Greater Kubu Election Result, Tuesday (06/01), at the Plenary Room of the Constitutional Court (the Court) Building scheduled for verifying Improved Petition and hearing to the Petitionee s exception.
 
Besides, in the case No. 63/PHPU.D-VI/2008, the Petitionee considered its opponents, Sujiwo and Raja Sapta Oktohari, did not have valid facts to argue on the truth of their claim. The Petition was considered as obsecure. “Therefore, the Petitiionee pleads the Court to reject the Petitioner s claims,” emphasized the Petitionee s Legal Counsel, Kamarussalam.
 
After hearing to the Petitionee s exception, the Justice Board scheduled the trial to hear witnesses information on Wednesday (07/01), still due to the unpreparedness, The Petitioner demanded a delay until Monday (12/01). Responding to the request, Head of Justice Panel Board, Akil Mochtar replied, “if you are not ready, then we consider you do not assess your right.”
 
Besides, a member of the Justice Board, Arsyad Sanusi also reminded, “If we cross the 14 working day time limit, it means we have violated the law.” said Arsyad
 
In this case, the Petitioner made a claim against the Announcement of the Commission No. 38/BA/KPU/KKR/XII/2008 dated December 19, 2008 about the Announcement of Recapitulation Result of Regent and Vice Election in Greater Kubu Election 2008 and Announcement of Elected Regent and Vice of Greater Kubu for 2009 – 2013 period.
 
According to the Petitioner, the election held was illegal and legally defect because the winning candidate pair had done misconducts by ordering people outside the Voter s List to vote, intimidating the people to vote for certain candidate, and voter card giveaway only to votes willing to choose candidate No. 8, Muda Mahendrawan and Andreas Muhrotien, also allowing violations done by Campaign Team of Candidate 8.

Using those facts as the background, the Petitioner demanded the Court, at the first place, to announce illegal and hence not legally binding the Decision of the Commission No. 38/BA/KPU/KKR/XII/2008 dated 19th of December 2008 about the Announcement of elected Regent and Vice Regent of Greater Kubu for 2009-2013 period. Secondly, they demanded the Court to announce the Petitioner as the Elected Regent and Vice Regent pair. Lastly, they pleaded the Court to announce the correct and legal recapitulation result was the Petitioner s version which set the Petitioner with 99.371 votes while Candidate Pair No. 8 with 81.305 votes.  (Andhini Sayu Fauzia)

Photo: Doc. of CCRI PR/Kencana SH

Translated by Yogi Djatnika / CCRI