Related Party, Ismael Thomas and his Legal Counsel, Denny Kailimang excited after a session for Decision Reading for Dispute over West Kutai Regency Election Result 2011, Thursday (3/3)
Jakarta, MKOnline - Arguments on the systematic, structured and massive violations brought forth by West Kutai Regent candidate pair Rama Alexander Asia-H. Abdul Azizs (Raja) were not legally proven. That was the opinion of the Constitutional Court (The Court) in the session for the West Kutai Election Dispute 2011 held in The Court, Thursday (3/3/2011). In the verdict, The Court rejected Raja’s petition in its entirety.
Raja’s petition claimed on the existence of a number of violations committed by the Respondent, West Kutai Election Commission (KPU) and the Related Party, candidate pair Ismail Thomas-H.Didik Effendi (THD). Raja accused THD, the incumbent, of doing systematic, structured and massive violations.
The systematic violations argued by Raja were the ones written in the book “ Dokumen Publik (Iklan Media Massa) Bersama “THD” Warga Berdaya, Kubar Sejahtera!! Bupati-Wakil Bupati & Calon Bupati-Wakil Bupati Ismael Thomas, S.H., M.Si–H. Didik Effendi, S.Sos., M.Si. Membangun Kubar Untuk Semua!” – Public Document (Mass Media Advertising) with “THD” People Empowered, Kubar Prosperous!! Regent-Vice Regent & Candidate Regent-Vice Regent Ismael Thomas, S.H., M.Si-H. Didik Effendi, S.Sos., M.Si. Building Kubar For All!” dated August 23, 2009.
The claim was rebutted by THD who stated that they had never made or asked other parties to make a document containing strategies, tactics and siasat. THD and their success candidate in their confession before the court admitted that they had only maded a document “Visi, Misi, Strategi Kebijakan dan Program Pembangunan Daerah Kabupaten Kutai Barat (2011-2016)-Vision, Mission, Policy Strategy and Development Programs for West Kutai Regency (2011-2016)”.
The Court considered that Raja could not prove the validity of evidence P-14 as the official document issued by THD. Therefore, The Court considered the evidence as invalid and could not be used to examine the Petitioners’ argument which was based on P-14. Thus, Raja’s arguments were not legally proven.
The structured violations that Raja claimed were on the involvement of civil servants, District Heads, high-ranked officials and Kampong Representatives Board also the Poll Organizer Committee (KPPS) as success team and actively involved in winning the THD. These arguments were also denied by THD through their evidences and witness information.
The Court considered that the Petitioners did not have sufficient evidences that there had been structured violations involving government apparatus as argued. Even if the claim was right, Raja still could not convince The Court that the involvement of the apparatus was done massively and affected significantly to the vote each candidate got, especially to reduce Raja’s achievement.
Lastly, Raja’s claim on the massive violation that the systematic and structured violations mentioned above were conducted massively throughout West Kutai by the Related Party, THD and the Respondent, The Court also considered that Raja did not have sufficient evidences.
The Plenary Session held open to public with the agenda of decision reading for case No. 20/PHPU.D-IX/2011 was conducted by eight constitutional justices with Moh. Mahfud MD as the Chief Justice as well as Member, Achmad Sodiki, Muhammad Alim, Harjono, Maria Farida Indrati, M. Akil Mochtar, Hamdan Zoelva and Ahmad Fadlil Sumadi each as Member, accompanied by Wiwik Budi Wasito as the Substitute Registrar.
In the verdict, The Court stated to reject the Petitioners’ petition in its entirety. “The Verdict, to adjudge, in the exception, to reject the Respondent’s and the Related Party’s exceptions. In the main substance, to reject the Petitioners’ petition in its entirety,” announced Mahfud MD at the closing of the session. (Nur Rosihin Ana/mh/YDJ)
Friday, March 04, 2011 | 10:34 WIB 255