Petitionersâ Counsel seemed delighted when the Constitutional Court (The Court) ordered re-polling in four Districts in Cianjur Regency, Wednesday (16/2/11).
Jakarta, MKOnline - After going through the trial process, from preliminary examination, substantiation of witnesses and so on, finally the Constitutional Court (The Court) granted some parts of the petition in Election Dispute Case of Cianjur District - Case No. 10, 11 and 12/ PHPU.D-IX/2011.
"To grant the petition of the Petitioners partially, to cancel the entry into force of the Minutes of Vote Counting Summary in General Election of Regional Head and Deputy Head of Region at the Regency Level by the Election Commission of Cianjur Regency dated January 14, 2011," the verdict was read by Constitutional Justice Achmad Sodiki (Head of the Pleno), accompanied by six other constitutional justices on Wednesday (16/2) afternoon, in a verdict-reading session.
The Court also ordered the Election Commission of Cianjur Regency to arrange a re-voting in the General Election of Regional Head and Deputy Head of Cianjur Regency in four districts, namely Cianjur District, District Cipanas, Mande, and Pacet.
"Ordering the Electoral Commission of West Java Province, the Election Supervisory Body, and Cianjur District Election Supervisory Committee to supervise the re-voting in accordance with their authority. Reporting to the Constitutional Court on the re-voting results no later than 60 days after the verdict was read, "said Sodiki.
Based on the legal facts revealed during the trials, the Court considered Petitioners' argument regarding the lack of socialization for Cianjur Election 2011 was not proven because the Respondent had tried to socialize the election through television advertising, radio advertising, outdoor advertising such as billboards, banners, and posters, and some other media.
Regarding the failure of candidate debate, the Court considered that the evidence presented by the Petitioner in the form of newspaper clippings do not provide enough information about the cause of failure candidate debate. Moreover, witnesses presented by the Respondent Affan Sulaiman admitted that the debate was ready to be held in TVRI Bandung but was later canceled. Candidate debates are a good medium of socialization, but according to the Court, candidate debates are not crucial for Election socialization so long as it was also done through other media and reached wider community.
Regarding the pressure from the voting commission of district level (PPK) Naringgul, Sindang Barang, and Cidaun, to witnesses from Petitioner I in order to sign the recapitulation the Minutes of Results Summary, Petitioner did not prove their argument further. Through a variety of evidence presented by the Respondent, the Court found that the Petitioners' witnesses did not sign the Minutes of Recapitulation on Vote Counting Result in PPK Naringgul, PPK Sindang Barang, and the PPK Cidaun. Based on consideration of the Court, Petitioners' argument above is not proven.
Abuse and the Division of Batik
However, the Court confirmed the Petitioners' argument that there are several inaugural events and declarations of board tributary ARWT using batik clothing as aresult from distribution, which was attended by the regent of Cianjur. In the event also attended by officials of ARWT branch, the Court found the legal fact that the regent of Cianjur in casu the Related Parties, either directly or indirectly, had once again had socialized and given emphasis to one of his campaign Rp 10 million per neighborhood association (RT) program in frontp of in the presence of the Chairman RW and RT in each district.
The Court also found other legal facts during event, the Related Party had distributed a leaflet or brochure to all participants that one of the contents was about the program. Although Election Supervisory Committee (Panwaslu) in Cainjur District found no evidence of violations in these activities, but based on legal facts above along with an explanation of Panwaslu in Pacet District in the videotape, the Court found the perfect evidence on the violation incidents of the General Election committed by the Related Parties as recorded clearly in the documentation recording the video.
According to the Court, the Related Party deliberately used the momentum in various official meeting forums of local government officials, namely the neighborhood managers, to indirectly ask for support for his nomination as a candidate for Regent of Cianjur also his plans for local government programs which also his campaigning program could be implemented if he was indeed elected. Whereas on legal issues mentioned above, the Court believes the arguments put forward by the Petitioner regarding the misuse of organizational structure which was accompanied by the distribution of batik clothes by the Related Parties to PGRI and ARWT was perfectly legally proven. "Violations committed by the Related Parties in this case is a breach which the Court categorized as a violation that is structured, systematic, and massive," pronounced panel of justices. (Nano Tresna A./mh/YDJ)
Wednesday, February 16, 2011 | 20:19 WIB 166