A panel of Constitutional Court justices, consisting of Achmad Sodiki (panel chief), Haryono, and Ahmad Fadil Sumadi, reviewed Jayapura mayoral elections dispute in Jakarta, Saturday (Oct. 9).
Jakarta, MKOnline - The first session of trial into the dispute over elections results in Jayapura was held on Tuesday (Nov. 9, 2010). Justice Haryono, who served as a member of the panel in Session 1 of the trial into dispute over the results of the 2010 mayoral election in Jayapura, Papua, with case Number 196/PHPU.D-VIII/2010,197/PHPU.D-VIII/2010,198/PHPU.D-VIII/2010, requested the petitioners to present witnesses in the next trial sessions. “We have three petitioners, and they need to present witnesses to proceed with the trial,” justice Haryono said. In response to the demand, lawyer Taufik Basari, who represented his clients Thobias Solossa-Haryanto (registered under case Number 197), requested the justices to provide him with a video conferencing facility. Haryanto claimed that vote manipulation and inflation existed at polling stations, mainly in Heram and Jayapura, including in 15 polling stations in Waena, 10 polling stations in Yabansai, and 11 polling stations in Heram. He said that there was also a difference of 107 votes, which was by a very small margin, between candidates Benhur-Tommy and Mano-Nur Alam. With that said, the petitioner requested the Constitutional Court to revoke the General Elections Commission (KPU) Decision Number 89 Year 2010, to declare the results invalid, and to hold another election with equal opportunities.
Meanwhile, as for the case Number 196 submitted by Dr. Nur Alam as the principal, who was represented by his lawyers Bambang Widjojanto and Iskandar Sonhadji, the petitioner stated that he objected to the voting results, for there were indications of vote manipulation, vote recapitulation deviating from the legitimate counts of the District Election Committee, and vote inflation. Therefore, the petitioner demanded that the Court revoke the KPU Decision Number 88 year 2010 and the gazette, and that the Court declare candidates Benhur Tommy Mano-Nur Alam winners of the first round of the elections under the condition that the Jayapura Election Commission revokes and revises its decision.
Meanwhile, Julius Mumbay-Pieter Ali, independent candidates who failed to meet the candidacy requirements of the mayoral elections, petitioned under case Number 189 and stated that the Jayapura Election Commission never enforced Jayapura State Administrative Court’s Decision Letter that ordered the Commission to officially include their candidacy. The petitioners claimed that they had a fully qualified endorsement letter, and therefore requested the justices to revoke the Jayapura Election Commission Decision Number 71 Year 2010 on confirming the official election contestants, while at the same time ordered the Jayapura Election Commission to enforce the Jayapura State Administrative Court’s Decision Letter. It was known that the Jayapura District Court had notified the Jayapura Election Commission via letters to enforce the decision, which the latter never obeyed. The petitioner also asked the Constitutional Court to hold another mayoral election and to officially declare Julius Mumbay-Pieter Ali election contestants in a fair manner.
The next trial session will be held on Friday, Nov. 12, 2010, with the agenda to review evidence of letters and witnesses’ testimonies. In relation to the petitioners’ request to use a video conferencing facility, panel chief Ahmad Sodiki asked the petitioners to understand that granting the request oftentimes could be difficult due to technical difficulties, as it previously happened in the trial into a dispute over election results in Kendari. (Dwi Nugroho)
Thursday, November 11, 2010 | 14:16 WIB 183