Petitionerâs Legal Counsel for case No. 19/PHPU.D-IX/2011 about the dispute over Election Result in Yahukimo Regency received a copy of the decision from the Registrar of The Court, Kasianur Sidauruk, Thursday (3/3).
Jakarta, MKOnline-Petition from Abock Busup-Isak Salak pair and Didimus Yahuli-Welhelmus Lokon pair, both are candidate pairs in Yahukimo Election, Papua was rejected by the Constitutional Court (The Court). The decision for the electoral dispute case was read out on Thursday (3/3/2011) at 16.00 Western Indonesian Time in The Court’s Plenary Room.
Both pairs were the Petitioners who was claimed to be losing the election by the Yahukimo Regional Election Commission (KPUD). Meanwhile candidate pair Ones Parabol-Robby Longkutoy, was announced as the winner and currently became the Related Party in the case registered by number 19/PHPU.D.
The votes as written KPUD recapitulation, Ones Pahabol-Robby Longkutoy pair got 152.214 votes, Abock Busup-Isak Salak as many as 84.328 votes and Didimus Yahuli-Welhelmus Lokon 18.616 votes,
The Petitioners argued that the Yahukimo election had been filled with violations and mobilization of government apparatus and facilities to win candidate No. 3 (Ones-Robby) and influence the neutrality of the Commission (Respondent). Other arguments were money politics, manipulation of Permanent Voters’ List (DPT), implementation of polling stage out of the schedule, intimidation and manipulative counting of the recapitulation.
The Court in the legal consideration observed closely the Petitioners’ arguments, evidence, and information from witnesses also saw that the arguments were not supported by other convincing evidences.
There was indeed pictures of two cars with plates covered by the flag of Golkar political party and three motorcycles with red plates (Evidence P-16), however according to The Court, that was not a violation which was structured, systematic, and massive in nature that influenced the rank of votes because there was only one violation of that kind proven before the court.
For money politics argument, should there have been violations on money politics suspected to have been committed by the Related Party, those were criminal violations which could be followed up through State Court. For the DPT case, The Court considered that it had no legal ground.
The conclusion for the decision was that the main petition could not be legally proven. “The verdict decides to reject the Petitioners’ petition in its entirety,” stated the Chairman of the Board of Justices, Moh. Mahfud MD. (Yazid/mh)
Friday, March 04, 2011 | 10:11 WIB 195