Constitutional Court Chief Justice, Moh. Mahfud MD.
Jakarta, MKOnline – The Constitutional Court (The Court) ordered the General Election Commission (KPU) of Sumbawa Regency to organize revoting in 11 districts in Sumbawa Regency. This was one of the rulings of Decision Number 158/PHPU.D-VIII/2010 read aloud by The Chief Justice Moh. Mahfud MD accompanied by eight Constitutional Court Justices on Monday (20/9) in the Plenary Session Room. The petition of this case was filed by the candidate pair Number 1 in the Regional Head Election (Pemilukada) of Sumbawa Regency namely Muh. Amin and Nurdin Ranggabarani.
Mahfud explained that the voting was conducted in Voting Stations (TPS) in Kampung Rinjani, Labuhan Village, Labuhan Badas District; Olat Rawa A Hamlet, Olat Rawa Village, Moyo Hilir District; Perung Hamlet, Lunyuk Village, Lunyuk District; Maronge Village, Maronge District; Selang Baru Hamlet, Karekeh Village, Unter Iwis District; TPS 5 of Baru Village of Alas District; Empang Village, Empang District; Banda Hamlet, Banda Village, Tarano District; Gelampar Hamlet, Usar Mapin Village, Alas Barat District; Karang Anyar Hamlet, Pukat Village, Utan District; Bajo Hamlet, Bajo Village, Utan District. “Ordering the KPU of West Nusa Tenggara Province, Panwaslu of West Nusa Tenggara Province and Panwaslu of Sumbawa Regency to supervise the revoting in accordance with their authority and to report to the Court the results of such revoting by no later than 60 (sixty) days following the pronouncement of this decision,” explained Mahfud.
Constitutional Court Justice Hamdan Zoelva explained that in respect of the Petitioners’ argument on the discovery of 10 call cards which had been cut and 5 call cards which had not been cut in the home of a KPPS Member (Mastar), the Court believed that call cards had been misused by persons not entitled to do so. “Even if it was true that the persons named in the call cards were not present on location, as stated in the Respondent’s answer, the call cards should have been kept rather than cut. The cutting of the call cards has evidenced the use of such cards by other persons. Based on the legal facts and assessment, the Constitutional Court is of the opinion that the Petitioners arguments are evidenced and have legal grounds,” he described.
Meanwhile, in respect of the Petitioners’ argument on the involvement of structural officials and civil servants to support the Related Party as well as the transfer of position (mutasi), intimidation and dismissal of civil servants and government apparatuses. The other Constitutional Court Justice, Ahmad Fadlil Sumadi, stated that although the Related Party had presented evidence, such evidence was irrelevant and could not convince the Court. “Based on the legal facts and assessment, the Court is of the opinion that to the extent of the Petitioners’ arguments on the dismissal of the Head of Banda Hamlet, Banda Village, Tarano District (Hasanuddin Husain), dismissal of the Head of Gelampar Head (Safaruddin) and Tamsi Hamlet Head (Hasan Basri), dismissal of Karang Anyar Hamlet Head, Pukat Village, Utan District, dismissal of Hamlet Head and Neighborhood Unit/Neighborhood Association (RT/RW) 02/01 of Bajo Hamlet (Kamarong and Kaharuddin), as well as the dismissal of the Head of RT.03, RW.01, of Empang Village, Empang District (Syaharuddin AH), the relationship between such dismissals and Pemilukada is evidenced,” he described.
In addition, continued Fadlil, the Court is of the opinion that the Related Party had a well-made plan to involve civil servants in the efforts to win the Pemilukada constituting a systematic violation by involving the elements of the bureaucratic structure. However, the Petitioner could not evidence that such violations had been committed in all areas and could only evidence violations in certain areas.
“Therefore, revoting must be conducted in Voting Stations (TPS) where the intended violations are evidenced. This decision shall be implemented under strict supervision by the General Election Commission of West Nusa Tenggara Province, Bawaslu, and Panwaslu of Sumbawa Regency. The General Election Commission of West Nusa Tenggara Province, Bawaslu and Panwaslu of Sumbawa Regency must make a report on the findings to be submitted to the Court together with the report on the implementation by the Respondent. In addition, the schedule of revoting must be determined through deliberations of the related parties and shall not be stipulated unilaterally by the Respondent,” he said.
Meanwhile, in respect of the other argument namely, for example, on voters not registered in Permanent Voters List, the Court considered that the argument had no legal ground because voters could vote using their Identity Cards (KTP). On the other hand, with respect to the Petitioners’ argument on the practices of money politics, the Court considered that violations which could be considered related to fraud commission had occurred. (Lulu Anjarsari)
Tuesday, September 21, 2010 | 07:25 WIB 214