Constitutional Justice Achmad Sodiki (Chairman of the Panel) is reviewing the Petition from candidate pair in West Kutai (Kubar) Regent/Vice Election, Alexander Asia-H.Rama Abdul Aziz (Raja) in the session of West Kutai electoral disputes, on Wednesday (16/2/11).
Jakarta, MKOnline – Candidate pair for West Kutai (Kubar) Regent/Vice, Rama Alexander Asia-H. Abdul Azizs (Raja) requested the Court to instruct the General Elections Commission (KPU) of Kubar Regency to conduct a re-voting in Kubar Election Year 2011 in all polling stations by disqualifying the pair Ismail Thomas-H. Didik Effendi (THD).
That was the request from Raja pair in the hearing for Regional Head election dispute (PHPU) held on Wednesday (16/02/2011) at panel courtroom 4th floor of the Constitutional Court (The Court) Building. The session with initial verification as the agenda of this preliminary examination was conducted by the Panel Justice Achmad Sodiki as chairman, assisted by members of the panel Constitutional Justice Harjono and Constitutional Justice Ahmad Fadlil Sumadi. The Petitioners attended the hearing accompanied by their attorney Alexander Rama, Robikin Emhas et al. The respondent presented the Head of the Kubar Election Commission (KPU) Kalvinus Rafael Sumual accompanied by their attorneys, Laurensius. While from the Related Party, there were the couple Ismail Thomas-H. Didik Effendi (THD) with their legal counsels from the Division of Legal Aid Advocacy of Democratic Party, Great Indonesia Movement (Gerindra) party, and the Indonesian Democratic Party of Struggle (PDIP).
Through their counsels, Raja pair argued on the occurrence of violations in systematic, structured, and massive way in Kubar Election 2011. "Violations of the systematic nature were the violations that are designed much earlier," said Raja’s counsel, Robikin.
These systematic violations, continued Robikin, were stipulated in the THD’s Working Guidelines book that contained strategies, tactics and stratagems in order to win the Kubar Election 2011. "WithIn that book, there were a variety of plans to conduct violations," argued Robikin further.
In addition to that, said Robikin, the conduct of Kubar Election was also done unfairly. "Because the organizers in this case the Respondent, was unfair, unprofessional, and biased," commented Robikin.
This, explained Robikin, was proven by the occurrence of tackling against the Petitioners when the couple still had a chance to be a candidate pair. "All requierements as a candidate pair had been met, but by the Respondent they declared unfulfilled," said Robikin. "after being investigated, (we) found the facts on the falsification of documents and it could be called as negligence or even deliberation from the Respondent. We indicate that the Supervisory Committee involved in that incident, "he continued.
Then, regarding violations that were structural. The pair no. 2 Ismail Thomas-H. Didik Effendi (THD), both were incumbent Regent / Vice Regent of Kubar. The victory achieved by the pair, Robikin said, werer using bureaucracy as a political tool. Besides that, there was an involvement of Kubar regional government apparatus "From the government offices, to the district heads, even the top brass (of villages)," said Robikin continuing his argument.
Finally, the violations which were massive. These violations, said Robikin, occurred in all regions in Kubar Regency. "Such violations spread widely in such a way with the involvement of bureaucratic structures, including apparatus and elements of the organizers (of the election)," he explained. Including, continued Robikin, the use of the budget. The process of disbursement of the budget was used as a mean to build deals. "In one of the created integrity pacts, there was an obligation to support the candidate pairs for the recipient of RHL budget," he continued.
Violations which were systematic, massive, and structured done by the Kubar Commission and THD pair, accused Robikin, were a serious offense. "It threatens the existence of democracy in this country, and it was contrary to the legal principles and the principles of local election (Pemilukada) which was honest and fair," he claimed.
Repeat the Voting
Therefore, the Raja pair through their counsel, Robikin, in their petition demanded the Court to first, cancel the Minutes of the Plenary Meeting of the Kubar Commission Number 12/BA/KPU-KB/I/2011 dated January 31, 2011 concerning the stipulation of elected candidate in Kubar Election 2011 , and the Minutes of the Plenary Meeting of Kubar Election Number 11/BA/KPU-KB/I/2011 dated January 31, 2011 concerning the stipulation of valid votes acquisition for candidates so long as the votes for Ismail Thomas-H. Educate Effendi pair.
Second, disqualify THD candidate pair as a participant in Kubar Election 2011, and set the Petitioner as the elected candidate pair.
Besides that, in their petition, the Petitioner also offered an alternative, namely, requesting the Court to disqualify the THD pair as a participant of the election, and ordered the Election Commission to conduct a re-voting in all polling stations in the Kubar region.
Before closing the trial, the Panel of Justices endorsed the evidence presented by the Petitioners Raja pair from P-1 through P-26. The next session would be held on Monday (2/21/2011) to hear the response from the Respondent, Kubar Election Commission and also from the Related Parties. (Nur Rosihin Ana/mh/YDJ)
Thursday, February 17, 2011 | 12:11 WIB 373