The Constitutional Court (The Court) stated that the violations in Sanggau Election was not massive, structured and organized that affected the votes gained by the Elected Candidate. Therefore, the Petition submitted by Yansen Akun Effendy and Abdullah was denied entirely. That was announced in the trial for the decision readout for case 64/PHPU.D-VI/2008, Tuesday (20/1), at the Court s Main Room.

Candidate Pair No. 2 in Sanggau Election, Yansen Akun Effendy and Abdullah (Petitioner), made a complaint against the Decision of the Sanggau Election Commission (The Commission) as the Petitionee for announcing Candidate Pair No. 6, Setiman H. Sudin and Paolus Hadi (Related Party) as the elected candidate. Based on the Petitionee s decision, Yansen Akun Effendy and Abdullah got 104.899 votes, while Setiman H. Sudin and Paolus Hadi received 109.942.

According to Yansen-Abdullah, there had been violations with their implication on the recapitulation result.  Among the violations occurred there were, votes marking-up, voters could not assess their rights due to not receiving the invitation,  Head and members of an Election Committee cast votes for 149 voters, some additional ballots, also difference in the number of votes and the total number of used ballots.

The Court in their consideration stated that some violations were not supported with sufficient legal and convincing facts therefore they had to be put aside, meanwhile other violations done by the Petitionee were not significant enough to affect the result of the total votes for the Petitionee.

In Vote Center 6 Ilir Sub-district, Kapuas District, for instance, there were 87 citizens with their rights to vote but did not get the invitation letters. According to The Court, this was a violation done by the Election Holders in casu Head and Members of Election Team in Vote Center 6 of Ilir City Sub-district. Even though so, the voters without the invitation could still joined the election by showing their ID Cards to the officers so long as their names were on the List of Voters in that Vote Center.

“On the mentioned violation, the Election Monitoring Committee of Sanggau would ask the Commission not to include the Head and Members of Election Team in Vote Center 6 of Illir City Sub-district in both the Legislative and Presidential Elections,” explained Constitutional Justice M. Arsyad Sanusi.

“Based on the legal facts, there had been violations in Sanggau Election, but they were not massive, structured and organized, so that they did not affect the vote result for the Elected Candidate,” said the Chief Justice of The Court, Moh. Mahfud MD, while reading the Conclusion of the Decision.

Consequently, The Decree of Sanggau Election Commission No. 36/2008 dated December 23, 2008 about the Announcement of Elected Candidate in Sanggau Regency Election 2008 was still considered Legal. (Luthfi Widagdo Eddyono)

Photo: Doc. of CCRI PR/Wiwik BW

Translated by Yogi Djatnika / CCRI